Grand jury hears evidence in attack on Times Square police officers
Manhattan District Attorney Alvin L. Bragg will convene a grand jury Tuesday to hear evidence against a group of men caught on video attacking police officers in Times Square last month, he said in a statement.
Mr. Bragg was criticized when his office did not seek bail for most of the seven men initially arrested, prompting a judge to release them last week. He has since raised concerns about whether all perpetrators had been correctly identified.
A law enforcement official said all of the men were migrants who had been in the country less than a year, and that four have fled the city since their arraignment, using bus tickets they bought with the help of a church group. The official spoke on condition of anonymity because they were not authorized to discuss the matter publicly.
“They should be out on bond in Rikers right now,” John Chell, chief of police patrol, said Wednesday of the men charged in the attack. 'Do you want to know why our officers are being attacked? There are no consequences.”
Mr Bragg on Friday defended the decision not to seek bail for most of the men in what he called a “despicable” attack, adding: “We make decisions based on the evidence we have in front of us at the time.”
In a joint statement with Police Commissioner Edward Caban, Mr Bragg said on Saturday: “It is clear from video and other evidence that some of the most culpable individuals have not yet been identified or arrested.”
“We will work tirelessly with the Manhattan District Attorney's office to identify and arrest every person who participated in this event,” Mr. Caban added.
Mr. Bragg said Friday that proper identification is required to “secure a conviction, get accountability and send the right people to prison,” emphasizing the phrase “right people.” His office has already decided not to prosecute one of the men initially arrested, citing a lack of evidence.
The case and the outrage over Mr Bragg's handling of it touch on several current issues. This includes criticism of New York's bail reform laws, which prohibit judges from imposing bail for most non-violent crimes, and the waning patience of many New Yorkers in footing the bill for the care of the nearly 70,000 migrants housed in city shelters.
Most of the men arrested in the attack were charged with felonies, which remain eligible for bail even under changes to New York State's bail law, but were nevertheless released without bail.
The firestorm recalled previous episodes involving Mr. Bragg's office in which the district attorney failed to proactively address politically charged cases and policy decisions. Mr. Bragg has faced pushback from both Democrats and Republicans in such cases, often responding well after the criticism began.
Governor Kathy Hochul said at a news conference Wednesday that she was “looking for judges and prosecutors to do the right thing” in the case. On Thursday, she said of all the migrants found responsible for the attacks: “Take them all and send them back.”
The attack happened on Jan. 27 at 8:30 p.m., when an officer and a lieutenant tried to disperse a disorderly group outside the migrant shelter at the Candler Building on 42nd Street near Seventh Avenue, police said.
A 45 second surveillance video released by police shows the officers talking to several men and then all parties walking away. The video then cuts to the lieutenant and the officer trying to arrest a man wearing a yellow jacket or sweater.
Soon the officers are on the ground with the man in yellow, trying to arrest him. As they struggled, several other men punched, kicked and pushed the officers, who were treated at the scene for minor injuries.
That night, four men were arrested and charged with assault on a police officer and gang assault. A fifth was arrested Monday and charged with attempted assault on an officer. Two others were arrested Wednesday and charged with assault and robbery, including Yohenry Brito, 24, who was identified as the man in yellow who resisted arrest.
The only man for whom prosecutors sought bail was Mr. Brito, who was ordered held at Rikers Island on $15,000 bail. Prosecutors said in court papers that Mr. Brito had pleaded guilty to disorderly conduct in September and had two outstanding warrants issued for his arrest.
The men the law enforcement official said fled the city were Yorman Reveron, 24; Darwin Andres Gomez-Izquiel, 19; Wilson Juarez, 21; Kelvin Servita Arocha, 19. The official said they were all living in migrant shelters.
The influx of migrants – more than 170,000 of whom have entered the city since the beginning of 2022 – appears to have had little impact on crime and public safety. Last year, the city saw a significant drop in most violent crimes, including homicides. But the number of crimes has risen by 6 percent compared to 2022, and the number of attacks on police officers has risen by almost 20 percent to 2,235.