Newly released body camera footage of the chaotic melee between NYPD officers and a group of asylum seekers appears to contradict some of the claims by law enforcement about what ignited the incident that sparked nationwide coverage of migrants attacking the cops in Times Square.
At a press conference Thursday, Manhattan District Attorney Alvin Bragg said a “meticulous” multiagency review determined two officers were assaulted after they told a group of young men outside a Midtown shelter to disperse, and one refused.
NYPD Chief of Detectives Joseph Kenny said the group was impeding pedestrians outside the shelter on W. 42nd St. near Seventh Ave. when 24-year-old Yohenry Brito — who’s being held on Rikers Island — became hostile.
“Everybody disperses except for Mr. Brito. He turned around and got confrontational with the police officers,” Kenny said. “He refused a lawful order, they attempted to place him under arrest, and the melee began with the officers trying to take Mr. Brito into custody, and the next thing you know, they’re being attacked by 13 other people. So that’s how it started.”
Footage released hours after the press conference appears to conflict with that narrative and claims that the group was blocking pedestrians while gathered by concrete dividers near the curb.
“Hey! Por favor! Como esta. Vamos. West 41! West 41! Go to West 41! Move! Vamos!” one of the cops is heard saying.
The video shows most of the group immediately complying, singing in unison as they walk away. But Brito lags behind and ignores the officers while looking at his phone, then gets confrontational with a cop who tries to nudge him along.
“Don’t touch me,” Brito says in Spanish more than once.
As Brito walks away, he stops to retrieve a baby stroller on the sidewalk. Body-cam footage shows him pushing the stroller and starting to walk away from the cops again before quipping in Spanish that one of the officers looked like the fictional TV character “Ugly Betty.” NYPD Lt. Ben Kurian then grabs him by the scruff of the neck and throws him up against a wall.
In the footage captured by the lieutenant’s bodycam, Brito repeatedly asks what is happening in Spanish. The situation quickly escalates as Brito tries to escape Kurian’s grasp, with both tumbling to the ground in seconds.
Officer Zunxu Tian then intervenes, and several of those with Brito descend on the two cops and repeatedly grab and kick them as they grapple with Brito on the ground, various pieces of footage show.
Neither of the officers was seriously injured, according to the NYPD. In the immediate aftermath, one of them is heard on body cam footage telling a colleague the fight started when they sought to “clear out” the migrants from the front of the shelter.
In all, seven of the 11 asylum seekers suspected of involvement have been indicted on a range of charges carrying significant prison time. Prosecutors are looking to speak with five unindicted suspects.
A spokesperson for the Legal Aid Society, representing Yorman Reveron, one of the initial arrestees, said his lawyers were still probing what happened but that the bodycam footage suggests charges should be dropped against the 24-year-old who’s been “fully compliant with the court’s conditions” since his release under supervision. Reveron is accused of grabbing one of the officers, pulling him away from the struggle with Brito, and pushing both cops to the ground.
“Late last night, we were finally provided discovery by the DA’s office, including body worn camera footage and other evidence,” Redmond Haskins said. “On its face, the footage directly contradicts the narrative peddled by law enforcement. We are still conducting our investigation and review, but based on this footage, these charges should have never been brought against our client.”
The whereabouts are unknown of two of those indicted accused of playing a more direct role, like kicking and grabbing the officers while they wrestled with Brito, who fled the scene and was arrested days later and held on $15,000 cash bail or a $50,000 bond. His attorney couldn’t be reached.
Some of those hit with felony charges in the indictments unsealed Thursday include two members of the group who aren’t accused of touching either officer. Kelvin Servita Arocha, 19, faces more than seven years in prison if convicted of assault and obstructing government administration for allegedly kicking an officer’s radio. Authorities now say Wilson Juarez — accused initially of assault — watched from the sidelines and changed sweaters with someone afterwards. He could serve up to four years if found guilty of tampering with physical evidence.
Juarez’s attorney said the newly released footage directly contradicted what law enforcement said about anyone in the group refusing to comply with the dispersal order, noting the initial version of events had already been altered to clear her 24-year-old client of assault allegations.
“Originally, Mr. Juarez was arrested and charged with assault on a police officer, and his name and picture spread all over the media outlets,” Adrienne Edward said.
Edward said the deluge of media coverage couldn’t be taken back and lamented elected officials exploiting the hot-button issues for political gain.
“This case has garnered so much media attention and the politicians are using it as part of their reelection,” Edwards said.
Asked Friday to clarify what prosecutors believe Brito did to prompt being grabbed by the lieutenant, Bragg’s spokesman Doug Cohen declined to expand on what’s in the charging papers — which say he had declined to comply with orders to disperse, contrary to the newly released footage. A spokesperson for the police department did not respond to a request for comment.
The incident set off a media frenzy and led police unions and right-wing groups to call on DA Bragg to resign for not seeking bail for the suspects initially charged and Gov. Hochul to call on authorities to “get them all and send them back” to their native countries.
When asked about the conflicting information presented by the police footage on Friday, the governor said she wouldn’t “second guess” the information the DA has “in making sure that we take people who have committed crimes off the streets.”
With Chris Sommerfeldt and Liam Quigley
