Manhattan DA Alvin Bragg announces new charges, releases new video in Times Square assault

Manhattan District Attorney Alvin Bragg announced the indictment of seven people he says were involved in a group assault of two NYPD officers outside a migrant shelter in Times Square.

Police have already arrested five people named in the indictment, while two others have not yet been apprehended or arraigned, according to the DA’s office. Four of the five men arrested were charged with second-degree assault, a felony punishable by up to seven years in prison. Charges against the two people still at large are under seal.

“This assault, as it did to many of you, sickened me and outraged me,” Bragg said at a press conference on Thursday.

The attack was caught on video, and surveillance footage released by the NYPD has since gone viral. The incident stoked already fierce political debates about bail reform and New York City’s migrant crisis. Gothamist fact-checked some of the commentary that has proliferated in the news and on social media.

One man, 24-year-old Yohenry Brito, was indicted earlier this week and remains in custody. The others were released shortly after the Jan. 27 incident.

Prosecutors have been presenting evidence to a grand jury since Tuesday.

Officials in Bragg’s office said a total of 11 people were involved in the assault, contrary to the NYPD's initial estimate of 14.

Two of seven indicted Wednesday night have not been apprehended, while three of the 11 have not been fully identified or located. Bragg is asking for the public's assistance in identifying and locating them, and prosecutors are still investigating possible criminal charges against another person.

Two of the people indicted still have their cases sealed pending their arraignment. The DA's office said they participated in kicking officers.

NYPD Chief of Detectives Joseph Kenny, who appeared alongside Bragg and Mayor Eric Adams at the press conference, said the incident started after police asked a group of migrants to clear the sidewalk to make room for pedestrians.

All but Brito complied, according to Kenny. As officers attempted to arrest him, he fought back and was joined by the others, who took part in a range of crimes, including assault, kicking away an officer's radio and switching clothing to evade police, Kenny said.

Brito faces two counts of second-degree assault, one count of second-degree obstructing governmental administration, one count of tampering with physical evidence and one count of hindering prosecution.

Darwin Andres Gomez-Izquiel, Kelvin Servita Arocha and Yorman Reveron were also indicted on charges of second-degree assault and obstructing governmental administration. Wilson Juarez faces a felony count of tampering with evidence and two counts of hindering a prosecution.

Brito’s and Gomez-Izquiel’s attorney declined to comment, while attorneys for Juarez, Servita Arocha and Reveron could not immediately be reached.

Bragg said he wanted to clear up misinformation that has been swirling since footage of the assault began to circulate online. He said his office is not aware of any of the defendants fleeing New York since their arrests.

Police have claimed several of the men got on a cross-country bus after a judge released them from custody.

Bragg said his office has learned much more about what happened as it reviewed police body camera footage and interviewed witnesses in tandem with police. Because not all the men were apprehended at the scene, he said, investigators have been working to ensure they charged people who were actually involved.

“The only thing worse than failing to bring perpetrators to justice would be to ensnare innocent people in the criminal justice system,” Bragg said.

Body camera footage released by his office Thursday shows what happened before the physical altercation between police officers and the men.

The video shows police walking through Times Square, passing Madame Tussauds and approaching a group of men talking loudly under the overhang of the Candler building.

“Por favor, cómo estás? Vamos! West 41. West 41. Go to West 41,” one of the officers says to the group.

Brito says “Don’t touch me,” in Spanish

The officers try to shepherd the group away from the building, and they slowly start to walk down the sidewalk – singing along to a song by Puerto Rican artist Hades 66.

“Go, I don’t care. Vamos,” says one of the officers.

One of the men in the group is holding a baby and Brito can be seen pushing the child’s empty stroller.

“He looks like Ugly Betty,” Brito says loudly, though it’s unclear who exactly he’s talking to.

At that moment, one officer grabs him by the jacket and pushes him up against the doorway of the Candler building. Brito asks them in Spanish what’s going on: “That stroller is for the baby… that’s his dad,” Brito says gesturing.

The physical fight then starts, as Brito attempts to escape and the officers grab his jacket. They tussle briefly and the officers end up on the ground, eventually calling for backup.

Some details about the incident are still unclear, including whether everyone involved was a recently arrived migrant. The fight occurred outside a building in Times Square that has been housing migrants and at least three of the defendants live in shelters, according to addresses the NYPD listed in a press release.

Mayor Adams also walked back a statement from Police Commissioner Edward Caban, who said earlier this week that a “wave of migrant crime has washed over our city.” Adams said a “small minority” of migrants have engaged in illegal behavior.

But he said anyone who breaks the law — whether longtime New Yorkers or recent arrivals — should be held accountable. If the defendants are found guilty in this case, he said, the federal government should deport them.

For now, the public should wait for the legal process to play out, Adams added.

“We should be pleased that the DA’s office and the police department is not vigilantism,” he said. “It is the proper investigation, and we’re getting the proper results because of that.”

This story has been updated with additional information and video footage.