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Unarmed Mexican man, 26, shot by an ICE agent while visiting his mother, now prosecutes the officer

A Mexican man who was shot by a civilian and immigrant agent during a visit to his mother in Brooklyn is now prosecuting the officer.

Erick Diaz Cruz, 26, says he was hit ‘blank range’ when he tried to cover his face with his hands during the incident on February 6. He says he was left with “snake wounds,” the bullet still hung in his neck and several broken bones.

He is looking for unspecified monetary compensation from the unnamed officer, who was part of a team tries to arrest his mother’s friend, Armando Gaspar Avendando-Hernandez.

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

In a complaint filed on Wednesday, lawyers for Diaz Cruz say: ‘At the time of the shooting, neither Diaz Cruz nor anyone on the spot were armed.

“The officers were not threatened by Mr. Diaz Cruz or anyone else in his neighborhood – much less in immediate danger of fatal or serious bodily injury.”

Erick Diaz Cruz, 26, says that he was touched when he tried to cover his face with his hands during the incident on February 6. tried to arrest his mother's boyfriend

Erick Diaz Cruz, 26, says that he was touched when he tried to cover his face with his hands during the incident on February 6. tried to arrest his mother’s boyfriend

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

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

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

The lawsuit describes how Diaz Cruz “woke up with the sounds of men’s voices and banging on the door.”

It adds: “Shortly afterwards he heard screams and left the house to find two men – later identified as ICE officers – who confronted his mother’s old partner, Gaspar Avendaño-Hernandez, on the street.

“A few minutes later, just a few feet from one of the officers, Mr. Diaz Cruz the ICE officer reaching for something on his hip. Diaz Cruz covered his face for protection. The ICE officer shot a gun directly at Mr. Diaz Cruz’s face. ”

After the shooting, demonstrators gathered outside the Maimonides Medical Center. She hurled ICE and accused the agents of using aggressive force.

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

Katherine Rosenfeld, lawyer for Diaz Cruz, said: “A young, hard-working and law-abiding man was shot in broad daylight on the streets of Brooklyn in front of his family by a United States government agent.

“Erick never threatened anyone. Erick’s face is shattered and he and his family are traumatized. We are a nation of laws, equality and justice; The Erick case requires that we respect those values. ”

Diaz Cruz said in the statement: “This is not just an attack on me but an attack on the entire Latino community in the United States. This is the right time for our community to come together and protect us from the violence of ICE. ”

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

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

Diaz Cruz, pictured in his hospital bed, says he has been left with ‘snake wounds’, the bullet still in his neck and several broken bones

After the shooting, demonstrators gathered outside the Maimonides Medical Center. She hurled ICE and accused the agents of using aggressive force

After the shooting, demonstrators gathered outside the Maimonides Medical Center. She hurled ICE and accused the agents of using aggressive force

After the shooting, demonstrators gathered outside the Maimonides Medical Center. She hurled ICE and accused the agents of using aggressive force

“A fugitive US Immigration and Customs Enforcement Operations team released at least one firearm in Brooklyn, New York on Thursday morning, when officers were physically attacked while attempting to arrest Gasper Avendando-Hernandez, an illegally removed foreigner from Mexico with a Assault conviction 2011 in New York City, “ICE said in a statement shortly after the shooting.

The agency referred to an arrest that took place on February 3, when New York police officers detained Avendando-Hernandez for “possession of a counterfeit instrument.”

The specific instrument was a fake Connecticut license plate, authorities said.

“ICE tried to deploy an immigration guard after his most recent arrest, but the subject was released from local custody before ICE could accommodate a guard. This forced ICE officers to locate him on the streets of New York instead of in a safe prison, “the statement said.

DailyMail.com has contacted ICE for further comments.

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