Five of the seven migrants accused of assaulting two New York City Police Department officers in Times Square have been offered plea agreements.
Ulises Bohorquez, Yohenry Brito, Edgarlis Vegas, Darwin Andres Gomez-Izquiel, Wilson Juarez, Yorman Reveron and Kelvin Servita Arocha appeared in New York Supreme Court on Tuesday before Judge Laura Wood.
The Venezuelan migrants were charged with second-degree assault and obstructing a government official after the Jan. 27 attack, which was captured on video, and all have pleaded not guilty.
The incident broke out when two officers attempted to disperse a group in front of 220 West 42nd Street. Lieutenant Ben Kurian and Officer Zunxu Tian are said to have suffered cuts, bruises and significant shoulder pain.
Judge Wood targeted Brito (pictured), who was previously described as the ‘most guilty’ of the defendants, having been rearrested while on bail on charges of petty theft
Edgarlis Vegas, of Brooklyn, was seen on surveillance footage wearing a burgundy jacket and kicking at Kurian, prosecutors say
Judge Wood addressed Brito, who was previously described as the “most guilty” of the defendants, for being rearrested while on bail on charges of petty theft, warning that he would “not see the light of day” if he even jaywalking.
The Manhattan district attorney’s office has offered Bohorquez, Brito and Gomez-Izquiel plea deals in which they could serve a year in prison in exchange for pleading guilty to second-degree assault.
Arocha and Juarez received a deal that will see them serve six months in prison after pleading guilty to obstructing a government official.
But Vegas and Reveron are not being offered any offers at this time.
Defense attorneys did not accept the offer and Judge Wood ordered them to return to court on June 18, where a trial date will be set if an agreement is not reached.
Juarez (pictured) was offered a deal to serve six months in prison after pleading guilty to obstructing a government official
Judge Wood hit out at Brito during the hearing, threatening to throw him in jail if he took another step wrong while out on bail.
“I am outraged that Mr. Brito was re-arrested and charged with petit larceny while on this case,” she said.
“I’m very tempted now to put you in jail. I’m telling you now, if I find out that you have been arrested again for anything between now and the conclusion of this case, I will issue a warrant and set the bond so high that you won’t get out.
“If you jaywalk, if you jump a turnstile, if you do anything and I have to issue a warrant, you won’t see the light of day until this case is over.
“Am I making myself perfectly clear?”
Brito replied “Yes” after the judge’s harsh words were translated to him through a Spanish interpreter.
Prosecutor Kotin previously said Brito was seen on video refusing a police officer’s order to leave the sidewalk, prompting the brawl.
He was initially sent to Rikers Island, but was released after a Brooklyn church managed to post his $15,000 bail.
Kelvin Arocha (pictured) is charged with two counts of second-degree assault and one count of second-degree obstruction of governmental administration
Kotin told the court that Vegas was seen on surveillance footage wearing a burgundy jacket and kicking at Kurian.
The accuser claimed she changed her story about the events several times, saying: ‘She said she tried to move other members of the group and fell backwards.
“But she changed her story again. She kicked another member of the group and may have accidentally kicked the officer.”
He added that Vegas told authorities she had moved to the U.S. from Venezuela about three months ago and had only stayed in her permanent residence for a short period of time.
Authorities were called to disperse a “disorderly group” in front of 220 West 42 Street when 24-year-old suspect Brito “got into a confrontation with the officers” and they attempted to arrest him, according to Chief of Detectives Joseph Kenny of the NYPD.
“As Kurian holds Brito against the wall, groups of people can be heard shouting at the officer in Spanish,” he added.
“At that time, Brito tried to escape from Kurian and with the help of Officer Zunxu Tian, the police grabbed the migrant’s clothes while trying to restrain him.”
Video footage shows the two officers and Brito falling to the ground and during the struggle, other suspects intervened by pulling, grabbing and kicking the officers.
As Brito tries to wriggle away, the officers hold his shirt which he eventually takes off.
“Go arrest those guys,” Kurian said as the crowd fled.
Ulises Bohorquez was one of three who received a deal to serve a year in prison in exchange for pleading guilty to second-degree assault
The case quickly attracted international attention. It took days for police to charge the suspects in the case. Several were released on bail shortly after the attack and some fled the area.
Brito, Gomes, Reveron and Arocha are all charged with two counts of second-degree assault and one count of second-degree obstruction of governmental administration.
Police say neither Juarez nor Arocha ever hit the officers, but Arocha kicked a police radio as Juarez watched from a distance before giving his jacket to Brito.
Gomez is accused of grabbing one officer and kicking the other, while Reveron allegedly grabbed the two officers, pulled them and threw them to the ground.
Juarez is said to have watched the brawl from a distance without participating in it.
He is accused of tampering with physical evidence for allegedly trading his jacket with a man who fled police after the confrontation, prosecutors said.