Unarmed Mexican man, 26, shot by an ICE agent while visiting his mom is now suing the officer

A Mexican man who was shot in the face by a plainclothes Immigration and Customs Enforcement agent while visiting his mom in Brooklyn is now suing the officer. 

Erick Diaz Cruz, 26, says he was hit ‘at point blank range’ as he tried to cover his face with his hands during the incident on February 6. He says he has been left with ‘snaking set of wounds’, the bullet still lodged in his neck, and several broken bones. 

He is seeking unspecified monetary damages from the unnamed officer, who was part of a team trying to arrest his mother’s boyfriend, Armando Gaspar Avendando-Hernandez.

Graduate Diaz Cruz had been visiting New York City on a vacation with his girlfriend Jennifer to visit his family and had a valid tourist visa when he was shot. 

In a complaint, filed Wednesday, attorneys for Diaz Cruz say: ‘At the time of the shooting, neither Mr. Diaz Cruz nor anyone at the scene was armed.

‘The officers were not under threat by Mr. Diaz Cruz or anyone else near him—much less in immediate danger of deadly or serious bodily harm.’

Erick Diaz Cruz, 26, says he was hit ‘at point blank range’ as he tried to cover his face with his hands during the incident on February 6

Erick Diaz Cruz is seeking unspecified monetary damages from the unnamed officer, who was part of a team trying to arrest his mother's boyfriend

Diaz Cruz, pictured in his hospital bed, says he has been left with 'snaking set of wounds', the bullet still lodged in his neck, and several broken bones

Erick Diaz Cruz, 26, is seeking unspecified monetary damages from the unnamed officer, who was part of a team trying to arrest his mother’s boyfriend

The lawsuit describes how Diaz Cruz ‘awoke to the sounds of men’s voices and banging on the door’. 

It adds: ‘Shortly thereafter, he heard screaming and exited the house to find two men—later identified as ICE officers—engaged in a confrontation in the street with his mother’s long-time partner, Gaspar Avendaño-Hernandez. 

‘Minutes later, standing only a few feet from one of the officers, Mr. Diaz Cruz saw the ICE officer reach for something at his hip. Mr. Diaz Cruz covered his face for protection. The ICE officer fired a gun directly at Mr. Diaz Cruz’s face.’ 

Following the shooting protesters gathered outside the Maimonides Medical Center. They slammed ICE and accused the agents of using aggressive force. 

Diaz Cruz’s brother, Kevin Yanez Cruz, told ABC7 earlier this month: ‘He pointed the gun at my brother and didn’t even hesitate and pulled the trigger.’

Katherine Rosenfeld, an attorney for Diaz Cruz said: ‘A young, hardworking and law-abiding man was gunned down on the streets of Brooklyn in broad daylight in front of his family, shot in the face at point blank range, by an agent of the United States government.

‘Erick posed no threat to anyone, at any time. Erick’s face is shattered, and he and his family are traumatized. We are a nation of laws, equality and justice; Erick’s case demands that we live up to those values.’   

Diaz Cruz said in the statement: ‘This is not just an attack on me but and attack on the entire Latino community in the United States. This is the right time for out community to come together and protect against and protect ourselves from ICE’s violence.’ 

Graduate Diaz Cruz had been visiting New York City on a vacation with his girlfriend Jennifer to visit his family and had a valid tourist visa when he was shot

Graduate Diaz Cruz had been visiting New York City on a vacation with his girlfriend Jennifer to visit his family and had a valid tourist visa when he was shot

Graduate Diaz Cruz had been visiting New York City on a vacation with his girlfriend Jennifer to visit his family and had a valid tourist visa when he was shot in Brooklyn, scene is pictured

Graduate Diaz Cruz had been visiting New York City on a vacation with his girlfriend Jennifer to visit his family and had a valid tourist visa when he was shot in Brooklyn, scene is pictured 

Following the shooting protesters gathered outside the Maimonides Medical Center. They slammed ICE and accused the agents of using aggressive force

Following the shooting protesters gathered outside the Maimonides Medical Center. They slammed ICE and accused the agents of using aggressive force

‘A US Immigration and Customs Enforcement (ICE) Fugitive Operations Team discharged at least one firearm in Brooklyn, New York, Thursday morning when officers were physically attacked while attempting to arrest Gasper Avendando-Hernandez, a twice-removed illegal alien from Mexico with a 2011 assault conviction in New York City,’ ICE said in a statement shortly after the shooting.

The agency was referring to an arrest that occurred on February 3 when New York police officers took Avendando-Hernandez into custody for ‘possession of a forged instrument’.

That particular instrument was a forged Connecticut license plate, authorities said.

‘ICE attempted to lodge an immigration detainer after his most recent arrest, however the subject was released from local custody before ICE could lodge a detainer. This forced ICE officers to locate him on the streets of New York rather than in the safe confines of a jail,’ the statement said.

DailyMail.com has contacted ICE for further comment.  

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