司法 · 马布尔希尔枪击事件持续报道 · 第 2 篇,共 2 篇
禁止递解,不等于自由:马布尔希尔 ICE 枪击事件后发生了什么
奥斯卡·贝尔加尔的律师称,他在布鲁克林联邦拘留期间等待手术。法官已暂时禁止递解,而官员称能够证明开枪合理的录像仍未公开。
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奥斯卡·贝尔加尔的律师称,他在布鲁克林联邦拘留期间等待手术。法官已暂时禁止递解,而官员称能够证明开枪合理的录像仍未公开。
对于一名仍被联邦拘押的伤者,禁止递解令能提供什么保护?就奥斯卡·贝尔加尔而言,目前得到的答案是:免遭递解——但不是获释,也没有公开记录显示其医疗需求已得到解决。他的律师10月11日表示,这名28岁男子颈部仍有一颗子弹滞留,正在等待于布鲁克林大都会拘留中心接受手术。这是律师的说法,并非经过独立核实的临床评估。82
与此同时,为 ICE 枪击事件辩护的联邦官员称,摄像画面支持他们的解释。他们在10月12日刊出的采访中承认调查仍在进行,并支持日后公开画面,但没有给出发布日期。公众被要求相信他们对证据的描述,而公众目前还无法完整查看这些证据。2 3
10月9日,HeyDay News 报道称,联邦执法人员在马布尔希尔开枪打伤一名男子;他在附近一家医院神志清醒;纽约市警察局警员没有参与联邦行动。此后,报道确认了他的身份,披露了更完整的初步警方说法,确认车内儿童是他的儿子,并记录了他遭联邦拘押及获得暂时免遭递解的保护。我们早先关于他在医院的报道描述的是当天的情况,并不代表他目前的治疗情况或是否自由。
法院禁止递解,不等于释放
枪击发生于2026年10月8日星期四下午4时左右,地点在西225街和马布尔希尔大道附近。各方说法均指向马布尔希尔和该路口;对所属行政区的描述则在曼哈顿和布朗克斯之间不一。现有报道中最有依据的姓名拼写是 Oscar Belgal,但尚未找到能够确认其身份的法律文件或法院案名。55 56 87
警察局长杰西卡·蒂施称,纽约市警察局下午4:04接到两通紧急电话,分别报告有人中枪和发生枪击。初步现场证据显示,至少一名 ICE 执法人员开了7枪。贝尔加尔左耳下方的颈部中弹。开了7枪不等于有7处伤口,他究竟被多少颗子弹或弹片击中,仍未核实。1
关键事实
枪声响起后,纽约市警察局警员赶到现场,提供急救并将贝尔加尔送往纽约长老会艾伦医院;他抵达时情况稳定。已公开的警方随身摄像头画面显示,他被铐着手躺在地上,颈部受到按压,警员将他抬起或扶进一辆警用 SUV。CBS 报道称,车程约一分钟,贝尔加尔当时神志清醒且有呼吸。这些录像记录的是紧急应对过程,而非开枪决定。1 47
联邦官员最初称,他颈部的伤口较浅,是由子弹或弹片造成的。随后,他的律师称有一颗子弹留在体内;他们10月11日的声明称,子弹仍留在他的颈部,他正等待手术。这些说法来自不同发言者,且处于治疗的不同阶段。目前没有得到证实的医生报告、影像检查结果、手术方案,也没有关于手术为何延迟的说明。40 82
他的羁押地点如今更为明确。PBS NewsHour 于10月10日刊出的报道称,他被关在纽约州以外的一处未公开地点。CBS News 当天稍后报道称,一名政府律师在10月9日的听证会上表示,他已在布鲁克林大都会拘留中心;此前他曾先被转移到新泽西州。10月11日律师的声明也称他在布鲁克林。较早的“在纽约州以外”说法已被最新地点信息取代,并不意味着存在持续的说法矛盾。18 6 82
10月9日,一名联邦法官暂时禁止递解贝尔加尔,同时审理一项人身保护令诉讼——该诉讼请求法院审查拘押是否合法。其他报道将法官身份确认为 J. Paul Oetken。报道还称,转移他不得超出附近的联邦司法辖区,但完整命令、有效期限、确切边界及下一次听证会均未得到核实。ICE 表示将继续寻求递解。80 86 6
这一区别很重要:这既不是最终的移民裁决,也不是关于拘押或枪击合法与否的裁定。暂时禁止将贝尔加尔递解出境,并不意味着他已脱离羁押。
枪声响起前缺失的关键片段
已公开的监控录像显示,便衣执法人员拔枪靠近汽车,此时汽车开始倒车或驶离。一名执法人员在汽车开始驶离时敲打驾驶员一侧的车窗;随后,车辆驶出摄像头画面。NBC 拍摄的目击者事后画面显示,贝尔加尔受伤,躺在一辆车窗被打碎的汽车旁。这两段画面都无法证实枪声发生的情况、开枪时警员所处的位置,或据称发生的车辆碰撞。7 14
对公开画面的描述本身也相互矛盾。在10月10日刊出的报道中,Global News 称随身摄像头画面显示至少有7发子弹穿过挡风玻璃;CNN 则称已公开的录像没有显示枪击发生的瞬间。蒂施也表示,她所说的视频没有拍到枪击。范围更窄且得到一致支持的说法是:监控录像记录了枪击前的情况,纽约市警察局随身摄像头则记录了枪击后的情况。负责任地说,不能把已公开的材料当作公开证据,来证明开枪是自卫,或证明当时不存在威胁。15 7 33
子弹是否穿过挡风玻璃仍未得到核实。开枪警员的身份、开枪的警员人数、具体下达和听到的命令,以及执法人员是否表明身份,也都尚未核实。CBC 报道称有两名 ICE 执法人员受伤,但这一细节尚未得到现有证据的独立佐证。10 16 43
一项此前的不确定信息现已厘清:后座的5岁儿童据报道是贝尔加尔的儿子。他没有身体受伤,警方在进行安危探访后发现他已由一名家人安全接走。联邦官员称,执法人员当时不知道孩子在车里。这涉及他们当时是否知情,并不改变开枪时孩子就在车内这一事实。目前没有关于孩子更长期身心状况的评估。1 6 40
马林称,联邦调查局和国土安全调查局正在调查,调查结束后将公布录像。霍曼另行承认存在刑事调查,并支持最终公开信息;他在为开枪警员辩护时说明,那是他个人的理解。布朗克斯地区检察官办公室也宣布展开调查。联邦官员称,涉事警员已被安排行政休假。目前尚未公布最终调查结论或起诉决定,也没有证据证实地方调查人员能否查阅全部证据。3 2 7 48
国土安全部还指称他移民身份不合法、曾因重大盗窃罪被定罪、有过往逮捕记录、与帮派有关联,并与此前一宗美国海关与边境保护局警员遭枪击事件有关。现有材料没有提供移民裁决依据或完整刑事记录来证实这些指称。他的律师和当地媒体报道对其中部分说法提出异议。被捕不等于被定罪,而被指有关联也不能证明他参与了此前的枪击——更不能证明此次遭遇中存在迫在眉睫的威胁。2 9 12 43
枪击引发抗议,也引发了直接的政策冲突。市长佐兰·克瓦梅·马姆达尼要求 ICE 停止在纽约市开展行动并予以废除;马林则表示执法行动将继续。马姆达尼称,他与特朗普和马林进行了数小时会谈,但未能促成贝尔加尔获释。马林称,特朗普提出将贝尔加尔移交纽约市警察局羁押,但市长不同意拘押他。具体提议及其条件仍未厘清。52 17 1 22
州长凯西·霍楚要求公布更多录像,并称特朗普向她保证,政府不会针对贝尔加尔的家人采取行动,包括他的儿子。这是媒体报道的保证,尚不能认定为具有约束力的保护。众议员格蕾丝·孟呼吁展开独立调查并公布全部随身摄像头录像;参议员查克·舒默也要求公开信息。迄今,这些要求都未能促成对开枪决定的完整公开说明。6 8 5 2
消息来源及相关报道
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- On October 9, we reported the man shot in Marble Hill was conscious in hospital. His lawyers now say he's awaiting surgery in federal detention.
- A judge has temporarily blocked his deportation, but he hasn't been released. Federal officials defend the shooting while withholding the camera footage they say explains it. What happened immediately before agents fired at a car carrying a father and his five-year-old son?
- The shooting wounded 28-year-old Oscar Belgal near West 225th Street and Marble Hill Avenue. It happened around four Thursday afternoon, October 8. Marble Hill is the consistent location, although descriptions differ over whether to call it Manhattan or the Bronx.
- Police Commissioner Jessica Tisch said preliminary evidence showed at least one ICE agent fired seven rounds. Belgal was struck in the neck below his left ear. The police figure counts rounds fired; it doesn't tell us how many struck him.
- Belgal's five-year-old son was in the back seat. Police later found him safe with a family member after a wellness check, and he was reported physically unharmed. Federal officials say the agents didn't know he was there when they fired. The boy's relationship to the driver and his immediate safety are now clear.
- Belgal reached NewYork-Presbyterian Allen Hospital conscious and in stable condition. The NYPD received two emergency calls reporting the shooting at 4:04 p.m. Its officers responded afterward, gave aid and secured the scene. They hadn't participated in the federal operation.
- The released police body-camera footage shows Belgal handcuffed on the ground, with pressure being applied to his neck. Officers then helped or carried him into a police SUV. The hospital journey took about a minute, and he was conscious and breathing. Those recordings document the rescue after the gunfire.
- Belgal's attorneys said on October 11 that a bullet was still lodged in his neck and surgery was pending. They placed him at Brooklyn's Metropolitan Detention Center. That remains the latest substantive medical account, and it comes from his lawyers.
- Federal officials earlier called the neck wound superficial and said a bullet or fragment could have caused it. Later descriptions called his injuries non-life-threatening. His lawyers' account of a retained bullet and pending surgery is more recent. The hospital arrival condition shouldn't be taken as a description of his treatment now.
- Belgal was taken into federal custody after hospital treatment. He was initially transferred to New Jersey. A government lawyer placed him in Brooklyn at the October 9 hearing, and the subsequent attorney statement also placed him there.
- U.S. District Judge J. Paul Oetken temporarily blocked Belgal's deportation on October 9 while reviewing his challenge to detention. That challenge asks the court to examine whether holding him is lawful. Belgal remains detained, and ICE says it will keep pursuing deportation.
- The order also reportedly restricts transfers beyond nearby federal jurisdictions. Its exact boundaries and duration aren't clear yet. The court's temporary protection hasn't settled Belgal's immigration case or the legality of the shooting.
- Whether the released video shows gunfire has been described differently. Tisch said the shooting wasn't captured in the video she described. The surveillance sequence shows the approach, while the NYPD body cameras show the wounded man afterward.
- Plainclothes agents approach Belgal's car with guns drawn as it begins reversing or moving away. An agent runs to the driver's-side window and strikes it as the car starts pulling away. The vehicle then leaves the camera's view. Aftermath footage shows Belgal wounded beside a car with blown-out windows.
- The public NYPD footage shows the approach and emergency response. Secretary Markwayne Mullin says unreleased federal footage shows orders to exit, a collision and acceleration toward officers. Those are his descriptions of recordings the public still can't examine in full.
- DHS and ICE say Belgal was their intended arrest target, refused instructions to leave the car and rammed two government vehicles. They say he moved toward officers, who feared for their lives, their partners and the public. Mullin also says Belgal knew who the agents were and chose to flee.
- That federal account conflicts with an earlier description that he wasn't the operation's target. The released sequence doesn't settle the alleged vehicle collisions or the threat when shots were fired. It also leaves the officers' positions at that moment unclear.
- Mullin says the FBI and Homeland Security Investigations are investigating. He says footage will be released after their work is complete. White House border czar Tom Homan also expects eventual release and supports transparency. Neither has given a release date.
- Homan described the officer's self-defense claim as his understanding of what happened. The Bronx District Attorney's Office has separately opened an investigation. Federal officials say the involved officers were placed on administrative leave. No final finding or charging decision has been announced.
- DHS also alleges Belgal was in the country unlawfully, had a grand-larceny conviction and prior arrests, and had gang ties. It alleges an association with an earlier shooting of a Customs and Border Protection officer. His lawyer and local critics disputed parts of those claims.
- Those allegations haven't been backed here by court or immigration records. A prior arrest alone doesn't prove guilt, and an alleged association doesn't show Belgal committed the earlier shooting. Mullin called him a threat to the community. President Donald Trump praised the officers.
- Mayor Zohran Kwame Mamdani demanded that ICE stop operating in New York City and be abolished. Mullin rejected that demand and said enforcement would continue. Mamdani says hours of discussions with Trump and Mullin failed to secure Belgal's release.
- Mamdani's preliminary description said agents surrounded the car and wore construction vests and face-concealing masks. He condemned shooting at a moving vehicle in broad daylight. Mullin gives a different account of the talks: Trump offered a transfer to NYPD custody, but Mamdani wouldn't agree to detain Belgal.
- Governor Kathy Hochul also spoke with Trump and demanded additional footage. She says he assured her the government wouldn't go after Belgal's family, including his son. The competing accounts of the release talks ended with Belgal still in federal custody.
- Protests and marches followed near the shooting scene and outside a hospital. Demonstrators demanded justice. Some demonstrations involved scuffles with police and arrests. A Democratic congressional nominee said an NYPD officer pushed her to the ground during a protest.
- Representative Grace Meng called for an independent investigation and all body-camera footage. She says she introduced legislation to put ICE's handbook and guidelines into law. Senator Chuck Schumer also called on DHS to release the footage.
- Whether Belgal's car threatened officers when they fired is still unresolved. The public footage leaves that moment unseen. The federal agencies defending the shooting hold the recordings they say explain it, while both federal investigators and Bronx prosecutors continue their work.
- Belgal has temporary protection against deportation. His attorneys' October 11 statement places him in Brooklyn federal detention, with a bullet lodged in his neck and surgery still pending.
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