Another suspect was arrested in connection with an attack on two NYPD officers in Times Square over the weekend, bringing the total to seven — and sources say that some suspects have since used aliases to board buses for the West Coast after being released on bail.
Yohenry Brito was arraigned Thursday on second-degree assault and obstruction charges for his alleged role in the Saturday night brawl, according to the criminal complaint. Another person was also arrested but the Manhattan district attorney's office chose to "defer prosecution" against the individual.
The DA's office stated that while they "vigorously condemn assaults on police officers and prosecute those responsible," there was debate "whether the person arrested was even involved. At this time there is not sufficient evidence that he is one of the people who committed this terrible act."
It does not, however, rule out the possibility that the individual could be charged at a later date.
Attorney information was not immediately clear for Brito, who was not released after the judge set bail at $15,000 — a different outcome from the other suspected attackers, who were released without bail. His next court appearance was set for Feb. 6.
Multiple sources familiar with the matter said they believe four of those initially arrested and released after court have since boarded a bus under aliases and were headed toward the California–Mexico border.
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An official with the New York Office of Court Administration said they were "not aware of the defendants’ whereabouts but they are obligated to return to Court on their scheduled dates"; their next court date in New York was scheduled for March 4.
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Federal officials said that in many cases, New York officials do not alert them when an undocumented defendant is being released from court or jail. A spokesperson for the Manhattan district attorney's office said bail was not sought in part because they were still sorting out which defendants committed which acts during the assault.
The lack of consequences for the suspects has sparked police pushback.
"Why aren't they in jail right now? They brutally attacked a police officer and a lieutenant. Our criminal justice system is upside down," said Police Benevolent Association President Patrick Hendry.
Authorities say the caught-on-camera brawl erupted as cops tried to break up a group of migrants in front of a shelter on 42nd Street, steps from the New Amsterdam Theatre. Police officials said Thursday that it is believed at least 13 people were involved in the attack on the officers.
Gov. Kathy Hochul had harsh words for the migrants arrested.
"Get them all -- send them back," the Democrat said Thursday at an unrelated event debuting new subway cars in Manhattan. "You don't touch our police officers, you don't touch anyone."
Multiple law enforcement sources said it all started when a couple of people walked up to the officers and said there was a group being disorderly, causing issues.
Police went to check it out, and the situation escalated quickly. Video obtained by NBC New York shows the moments before the beatdown, as a police officer and a lieutenant were talking to the group. They put their hands on one person and suddenly, the cops are surrounded. They stumble down 42nd Street, where the officers fall to the ground, before being kicked, stomped and punched in the face and head.
One lieutenant suffered a cut to his face. The other officer has injuries to the side of his body.
"I’m appalled at this. The city, we have had enough," said NYPD Chief of Patrol John Chell. "The shame of this is they’re trying to keep this city safe, and they get attacked by eight cowards who are kicking them in the face, taking cheap shots."
The five previously arrested all are accused of assault or attempted assault on a police officer and gang assault. Several are charged additionally with obstructing governmental administration.
Several of the suspects are migrants, Chell said, while police were familiar with some from past incidents.
"Some of them live in the migrant shelter, they appear to be migrants, obviously. I don’t know when they got here. Some of them already have lengthy police records," said Chell, who angrily noted that the suspects who had been charged were already back on the street. "These individuals who were arrested [or] will be arrested should be indicted, they should be sitting in Rikers awaiting their day in front of the judge. Plain and simple."
Mayor Eric Adams, mired throughout his administration in the migrant crisis, condemned the behavior of the suspects outright.
"The men and women of the NYPD put their lives on the line every single day, working tirelessly to keep us and our streets safe," a Thursday statement from the mayor's office said. "Violence — of any kind, and no less against our officers — is unacceptable and should be prosecuted to the fullest extent of the law."
Immigration and Customs Enforcement officials have not commented on whether they will attempt to detain the defendants in this case. Camille Joseph Varlack, the chief of staff for Mayor Adams, said NYC's sanctuary city status does not prevent police from coordinating with ICE.
Anyone with information is asked to call Crime Stoppers at 1-800-577-TIPS.
Violence at migrant shelters has been a burgeoning problem as of late, prompting demands for fresh quality of life initiatives in certain neighborhoods. The city's largest shelter is on Randall's Island, where a deadly fight broke out earlier this month. Three people were arraigned Tuesday in that case.
