Marine veteran Daniel Penny's attorney has criticized the decision to allow six migrants who attacked NYPD officers in Times Square on Saturday to walk free without bail.
Thomas Kenniff, who is representing Penny as he faces manslaughter charges in the choking death of an unruly subway passenger last year, called the decision “very confusing.”
A total of six migrants have been charged since Saturday's attack on police officers, but five of them have been released without bail. A seventh suspect was arrested but released due to lack of evidence, police said.
“The main purpose of bail is to ensure that people return to court… From what I understand, they appear to have minimal or no ties to New York City,” Kenniff told Fox News Digital.
He added: “Anyone who is prepared to resist arrest – or, even worse, attack a police officer – that is a sign that they do not respect the legal system, which further increases the likelihood of them returning to court.” “So if ever there was a situation in which bail was appropriate, this appears to be one such case.”
Marine veteran Daniel Penny's attorney, Thomas Kenniff, has criticized the decision to allow five migrants who attacked NYPD officers in Times Square on Saturday to walk free without bail
Kenniff represents Penny when he is charged with involuntary manslaughter for the shocking death of an unruly subway passenger
The brutal attack occurred around 8:30 p.m. Saturday as officers attempted to disperse a disorderly group in front of 220 West 42 Street.
According to the NYPD, the migrants then began attacking the officers, kicking them in the head and body while the two officers attempted to restrain one of the other men and rip his sweatshirt off.
The migrants then fled, fleeing east on 42nd Street toward Seventh Avenue.
That night, four of them were arrested: Darwin Andres Gomez Izquiel (19), Kelvin Servat Arocha (19), Wilson Juarez (21) and Yorman Reveron (24).
They were all charged with assault on a police officer, gang assault, obstructing governmental administration and disorderly conduct, but were released without bail.
Reveron also has two assault and robbery cases pending in the city after a Nordstrom Rack employee was robbed and assaulted in November.
Darwin Andres Gomez (left) and Kelvin Servita Arocha were also released without bail
Jhoan Boada (pictured), 22, was arrested on Monday evening and charged with attempted assault on a police officer and gang assault
Jhoan Boada (pictured), 22, was arrested on Monday evening and charged with attempted assault on a police officer and gang assault
As he left the courthouse, the 22-year-old gave reporters the middle finger
Police now fear the four men boarded a bus to leave the city before their court date. They are believed to have given false names to a church-affiliated nonprofit group that helps migrants get rides out of the city, law enforcement sources told the Post.
Jhoan Boada, 22, was also arrested Monday night and charged with attempted assault on a police officer and gang assault. He is reportedly in the country illegally and is listed as homeless. After his release on Wednesday, he was filmed flipping reporters the bird.
Yohenry Brito, 24, was charged Thursday. He is the only suspect held as of Friday after his bail was set at $15,000 cash.
The prosecutor's office stated that this was because, unlike the other suspects, he had a tattoo, which made his identification more reliable.
Yohenry Brito, 24, was arraigned in Manhattan Criminal Court on Thursday and is the only one of the suspects being held on bond
Six men were arrested Wednesday in connection with the attack on police in Times Square and charged with robbery and assault
GOVERNOR OF NEW YORK: “Get them all and SEND THEM BACK.
Kathy Hochul sings a very different tune after New York police officers were brutally beaten.
Hochul's comments follow a collective search conducted by the NYPD.
Suspects were arrested and immediately released… pic.twitter.com/yLVfxslOlw
— Chuck Callesto (@ChuckCallesto) February 1, 2024
New York Gov. Kathy Hochul said the state should consider deporting the migrant group.
6 migrants charged
-Darwin Andres Gomez Izquiel, 19
– Kelvin Servita Arocha, 19
– Wilson Juarez, 21
-Yorman Reveron, 24
– Jhoan Boada, 22
– Yohenry Brito, 24 –
“Take them all and send them back,” Hochul told reporters during an unrelated news conference, the New York Post reported.
They don't touch our police officers. You don't touch anyone.' Hochul, she added.
Police sources confirmed the men's migrant status to the New York Post. Several of the men's addresses given by police are homeless and migrant shelters.
New York City Mayor Eric Adams has repeatedly pointed out that the justice system's current practice of “catch, release, repeat” is a major cause of crime in New York City.
Over the summer, Adams accused the city's criminal justice system of making the Big Apple “the laughingstock of our entire country.”
New York City, in particular, is grappling with the burden of tens of thousands of migrants arriving at its borders in need of shelter and other accommodations.
In 2023 alone, the city had to cope with the arrival of more than 100,000 migrants.
Hochul once welcomed asylum seekers with “open arms” and promised to accommodate them, but now he is starting to encourage migrants to “go elsewhere” because the city is reaching its limits.