A Manhattan grand jury has indicted Yohenry Brito, the man allegedly at the center of the shocking Midtown melee in which a group of migrants attacked two NYPD officers.
The indictment, on sealed charges, was announced Tuesday by Manhattan District Attorney Alvin Bragg’s office. Brito’s facing one felony count and two misdemeanor courts, a judge said in court.
During the Jan. 27 attack, officers attempted to place Brito, 24, under arrest — but he resisted, swinging his arms and bringing the cops to the ground — according to prosecutors.
The group of men then ambushed the two officers, piling on them as they hit and kicked them on the ground.
The attack happened outside a migrant shelter near Times Square. The two officers were scratched and bruised in the attack, according to NYPD Chief of Patrol John Chell.
The incident — plus photos of one of the migrants later flipping off news cameras outside of court — ignited a political firestorm, too.
At a Tuesday court appearance, Brito was handcuffed and flanked by cops. The suspect was wearing a brown jacket and tan pants as his lawyer announced a not guilty plea on his behalf.
Brito is the sole suspect currently being held on bail.
“This is just one small step toward justice for our injured brothers,” Police Benevolent Association President Patrick Hendry said in a statement. “It might never have happened without the outcry from New Yorkers who are fed up with a justice system that keeps failing to protect both police officers and the public. Too many of the participants in this vicious attack are still roaming free.”
There are at least eight suspects in the Jan. 27 attack. Cops arrested Yorman Reveron, 24, Darwin Andres Gomez-Izquiel, 19, Wilson Juarez, 21, and Kelvin Servita Arocha, 19, at the scene. A fifth suspect, Jhoan Boada, 22, was apprehended two days later.
Another man caught on video as part of the group of people surrounding the cops was arrested Tuesday on five felony charges related to robberies and grand larcenies in Queens, according to NYPD Chief of Detectives Joseph Kenny.
Carlos Durante, 19, of Venezuela, has eight prior arrests.
He is not currently facing charges for the Midtown attack on the NYPD officers, but cops are in talks with the DA’s office to see if there’s any other video of him taking more of an active role in the assaults.
“What we see from video is that he’s on the scene,” Kenny said at a Tuesday news briefing. “He’s part of the circle that surrounds and blocks the cops, but he doesn’t throw any punches or kicks, although he’s in that crowd.”
A clip of surveillance video of the attack made it into a digital ad charging Tom Suozzi, a candidate in the Long Island special congressional election, with being “part of the problem,” Politico reported.
The incident has also spurred right-wing calls to revoke New York City’s “sanctuary” status and provided more fodder for attacks on Democrats and President Biden ahead of this year’s elections.
For his part, Bragg has been criticized for choosing not to ask for bail for the other assailants.
Four suspects who were arrested the night of the attack booked it to California last week, according to police sources, after they were freed without bail. The group went to a church where they provided fake names and claimed they needed help getting to the Golden State, receiving free tickets for their escape.
They all face charges of either assault on a police officer, gang assault or attempted assault and other charges.
According to court records, Brito was accused of stealing $275 worth of merchandise from Bergdorf Goodman in October and $139 worth of clothing from Macy’s.
Judge Jonathan Svetkey set Brito’s next court date for March 25.
With Molly Crane-Newman and Elizabeth Keogh