Attorney for Marine veteran subway hero Daniel Penny weighs in on release of migrants accused of attacking NYPD

The attorney for U.S. Marine veteran Daniel Penny, who was famously charged with second-degree manslaughter after he subdued with a chokehold an aggressive man on a New York City subway, called the decision to release without bail four migrants accused of beating two NYPD officers near Times Square last weekend “very confounding.”

“The primary purpose of bail is to ensure that people return to court,” attorney Thomas Kenniff told Fox News Digital. “[F]rom what I understand, they seem to have minimal if no ties to New York City.”

As BizPac Review reported, four illegal aliens — Darwin Andres Gomez Izquiel, 19; Kelvin Servat Arocha, 19; Juarez Wilson, 21; and Yorman Reveron, 24 — were arrested and charged with Assault on a Police Officer, Gang Assault, Obstructing Governmental Administration and Disorderly Conduct for their part in the beating of a lieutenant and an officer from the Midtown South Precinct.

Reveron “has two pending cases in Manhattan for assault and robbery” Fox News Digital reports. Jhoan Boada, 22, who was also arrested, “is listed as homeless and an illegal immigrant.”

“On Thursday, two more migrants were arrested — Yohenry Brito, 24, and Jandry Barros, 21 — in connection with the attack,” according to the outlet. “Brito was arraigned by the Manhattan District Attorney’s office with a $15,000 cash bail and a $50,000 partial and secured surety bond bail for the felony charge. Barros was also arraigned Thursday and released, with his next hearing scheduled for Feb. 21.”

On Thursday, the Manhattan DA’s office declined to prosecute Barros.

“We vigorously condemn assaults on police officers and prosecute those responsible. The question here is whether the person arrested was even involved,” a spokesperson on the Barros case told Fox News. “At this time there is not sufficient evidence that he is one of the people who committed this terrible act.”

The released defendants showed all the signs “of someone who might not be willing to return to court to face the consequences of their actions,” Kenniff said.

Indeed, according to a report in the New York Post that cites “law enforcement sources,” after being released by a Manhattan judge, Gomez, Arocha, Juarez, and Reveron “could have hopped on a bus bound for California on Wednesday after giving phony names to a church-affiliated nonprofit group that helps migrants get rides out of the city.”

The very fact that the migrants assaulted a police officer is reason enough to hold them behind bars, Kenniff said.

“[A]nyone who is willing to resist arrest — or even worse, assault a police officer — that’s indicative of someone who doesn’t have respect for the legal system, which makes them even less likely to return to court,” he told Fox News Digital. “So if there was ever a situation where bail is appropriate, this seems that sort of case.”

On Thursday, Brito “became the first of those charged in the attack to be ordered held on bail” as dozens of NYPD officers and Police Benevolent Association reps filled the courtroom for his arraignment, according to The Post.

Brito “has four prior arrests for petty larceny, with two open cases and a guilty plea on a disorderly conduct charge in September, according to sources and a criminal complaint,” The Post reports. He was identified on the surveillance footage of the attack by a “distinct tattoo” and has no permanent address or ties to the community, leading Judge Marisol Martinez Alonzo to agree that the $15,000 cash bail or a $50,000 bond was warranted.

In a statement following the arrangement, PBA President Patrick Hendry said that the “criminal system is upside down.”

“We packed the court room today to support our brother police officer, and our Lieutenant who were repeatedly attacked by a gang on the street, punched repeatedly, kicked our police officer and fled the scene,” he said. “Today the justice system worked. The individual is being held on bail but we had to ask the question why did these 4 individuals be released on their own recognizances. Why are they not in jail right now?”

“Our criminal system is upside down,” Hendry stated. “What message does it send to every New York City police officer, who is on the streets of the city of New York every single day risking their lives to protect New Yorkers? If we’re not protected, how are we going to protect the people in the neighborhoods?”

Melissa Fine


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