Days after an off-duty U.S. Customs and Border Protection agent was shot in New York City, one of the two suspects appeared before a federal judge. 

Christian Aybar-Berroa entered the courtroom, which was packed with about 40 officers, in handcuffs with his head down and wearing a T-shirt with "Godspeed" printed on the front. He used an interpreter to answer questions.   

Both suspects are in the U.S. illegally from the Dominican Republic and subject to removal orders, according to law enforcement. Only one appeared in court Friday because the other remains hospitalized.

CBP agent was off-duty when shot

The 22-year-old from the Dominican Republic was arrested Thursday, five days after a 42-year-old Customs and Border Protection agent was shot in Upper Manhattan's Fort Washington Park.

According to the criminal complaint, Aybar-Berroa and Miguel Francisco Mora Nunez were riding a motorbike after allegedly stealing a woman's cellphone. A few minutes later, the report alleges, they drove past two people sitting near the Hudson River.

Mora Nunez, who was wearing a mask and has multiple arrests in New York, pulled out a gun and fired at least twice, investigators said. The off-duty agent was shot in the face and right arm. He returned fire with his service weapon and shot Mora Nunez in the leg and groin, according to law enforcement. 

Both suspects took off. Aybar-Berroa drove Mora Nunez to the hospital before allegedly giving his bloody clothes to Mora Nunez's relative in exchange for new ones. 

Aybar-Berroa is charged with accessory after the fact, which carries a maximum sentence of seven and a half years in prison.

No application for bail was made at Friday's court hearing, but a preliminary hearing was scheduled for August 8.

Aybar-Berroa's attorney asked the judge to remind the government and agencies not to make extrajudicial statements. 

• New York City