One of six migrants accused of brutally attacking two New York Police Department officers in Times Square was indicted by a grand jury on Tuesday.
Yohenry Brito, 24, was accused of being the “most serious” of the six people arrested in the Jan. 27 attack. He was held on $15,000 bail after an initial court appearance last week.
He is scheduled to appear in court again on March 25. Then the charges against him will be dropped.
At least four of his co-defendants fled to California after being allowed to walk free. Three of them were arrested Monday evening at a Greyhound bus stop in Phoenix, Arizona.
The case has highlighted New York's inability to keep up with the tens of thousands of migrants who have arrived in the city in recent months.
The arraignment came on the same day he appeared in court on two unrelated theft charges. This allegedly included the theft of $275 worth of merchandise from Bergdorf Goodman in October and the theft of $139 worth of clothing from Macy's.
Yohenry Brito, 24, was one of six people arrested and charged with assault following the brutal attack on January 27
'He [Brito] “Pleads not guilty to all charges,” his defense attorney said Tuesday
Dressed in a brown prison-issued bomber jacket, Brito appeared in handcuffs in New York criminal court on Tuesday.
His defense attorney Mark Jankowitz said: “He [Brito] pleads not guilty to all charges.' The Venezuelan national is being held at Rikers Island on a $50,000 bond.
This came as Manhattan District Attorney Alvin Bragg's office presented evidence in the case to a grand jury, which decided to indict Brito for crimes related to the Times Square attack.
The other five asylum seekers charged with assault were previously released without bail by a Manhattan judge.
The Manhattan District Attorney's Office said the $15,000 bail or $50,000 bond was justified because Brito was clearly identified in the video of the attack by a “distinct tattoo.”
Police sources previously said four other migrants were charged in the Times Square attack: Darwin Andres Gomez, 19; Kelvin Servita Arocha, 19; Wilson Juarez, 21, and Yorman Reveron, 24 – may have fled the city after using fake names to get tickets from a charity that helps migrants.
The sixth accused suspect, Jhoan Boada, 22, is believed to have remained in New York City.
Boada was photographed raising his middle finger to the press waiting outside the courtroom after his release.
Jandry Barros, 21, a seventh suspect who was arrested, was released without charge due to lack of evidence. He also has previous contacts with authorities.
Bragg said there are 12 suspects in total and his office presented evidence to a grand jury on Tuesday.
Police have not released the identities of five other suspects in the attack on NYPD officers.
On February 2, Bragg defended the decision to release her.
He said: “While the video is shocking and disturbing, in order to secure a conviction in court it is essential that we clearly identify each defendant.”
Brito is currently being held on a $50,000 bond
The Venezuelan citizen was sent back to Rikers Island
Authorities said a unique tattoo helped them identify him as the perpetrator of the attack
“In Manhattan, we do not tolerate or accept assaults on police officers.” I watched the tape this week. Disgusting behavior. It made me sick and outraged.'
The brutal attack occurred around 8:30 p.m. as officers attempted to disperse a disorderly group in front of 220 West 42 Street.
A fight broke out between a suspect in a yellow sweatshirt and the police officers.
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 and fled east on 42nd Street toward 7th Avenue.
At around 10:45 that evening, four of them – Gomez, Arocha, Wilson and Reveron – were arrested.
They were all charged with assault on a police officer, gang assault, obstructing governmental administration and disorderly conduct, but were released without bail.
Gomez, Arocha, Juarez and Reveron 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.