The account by lawyers for Oscar Belgal in a court filing on Wednesday contrasts sharply with the version of events by Department of Homeland Security officials, who said officers opened fire only after Belgal smashed his car into two government vehicles and "accelerated toward other officers."
In a petition filed in court seeking Belgal's release from immigration detention, the Legal Aid Society said he had picked up his son from school on October 8 and was stopped, looking for a parking spot, when "an anonymous, masked man" stormed up with his gun drawn, followed by others.
"The men did not identify themselves, show any documents or otherwise communicate with Oscar in any substantive way," Belgal's lawyers wrote.
"Instead, without identifying himself, the first man struck and shattered Oscar's window and began firing a pistol into Oscar's car while his son cowered in the back seat."
New York City police security camera footage shows some of the encounter but doesn't conclusively resolve the dispute about how the shooting happened.
The video shows a man wearing a sweatshirt and a red hat running up to the car with his gun pointed at Belgal, then immediately using the barrel of his gun to smash the driver's side window.
A second officer comes into view alongside the car and draws his gun. Belgal pulls into the street, away from the two officers, then out of view of the camera, with the officer in the red hat in pursuit.
Video from bystanders and NYPD body camera footage show ICE officers handcuffed Belgal and tended to a gunshot wound to his neck as he sat on the pavement outside the car.
DHS didn't comment Wednesday on the claims by Belgal's lawyers, saying the incident remains under investigation.
But DHS officials have maintained that ICE officers fired their weapons because they believed their lives were in danger.
Belgal's lawyers said he didn't learn the men were ICE officers until he awoke later in the hospital.
They say he has yet to receive surgery to remove the bullet lodged in his neck and has lost sensation on the left side of his face.
Homeland Security Secretary Markwayne Mullin has maintained officers didn't know a child was in the car and blamed Belgal for putting his son's life in danger.
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