The Manhattan DA has dropped all charges against one of the migrants arrested in connection to the Times Square melee that saw two cops brutalized in late January.
The asylum seeker in question, 22-year-old Jhoan Boada, famously gave photographers the middle finger while being perp-walked from his arraignment days later.
Boada insisted on his innocence – an assertion DA Alvin Bragg now agrees with following a sprawling investigation.
In a statement, the progressive DA revealed how he and investigators came to that conclusion, calling it a case of mistaken identity.
As seven other migrants now face charges for the assault, Bragg said his office initially misidentified Boada, and have since charged the suspect they now believe to be the true culprit.
The Manhattan DA has dropped all charges against one of the migrants arrested in connection to January’s Times Square melee. The asylum seeker in question, 22-year-old Jhoan Boada, famously gave photographers the middle finger while being walked from his arraignment days later
The revelation, aired Friday afternoon, comes a little over a month after Boada was mistakenly arrested after matching the description of man in a black and white jacket and pink shoes filmed attacking the two officers, officials said
His statement read: ‘Our investigation has revealed that Marcelino Estee, not Jhoan Boada, is the individual described in this complaint, wearing the black & white jacket with pink shoes, committing this assault.’
The other migrant, who appeared in court Friday, ‘has been charged for his participation [in the brawl],’ Bragg’s office confirmed.
A native of Venezuela, the suspect was arraigned on a single assault charge, before being held on $15,000 cash bail.
Bragg’s office said of this development: ‘We are therefore moving to dismiss this complaint against Jhoan Boada.’
The revelation, aired Friday afternoon, comes a little over a month after Boada was mistakenly arrested after matching the description of man in a black and white jacket and pink shoes filmed attacking the two officers.
He would go on to become the face of the mostly right-wing backlash over the January 27 incident, after flipping bystanders the bird when leaving his arraignment later that day.
At the time, Boada’s defense attorney, Javier Damien, insisted to a Manhattan judge: ‘[Boada] says if you watch the videotape, you will not see him on there.
‘He wasn’t involved in the situation at all.’
‘I don’t understand,’ Boada – less flippant than he was outside the courthouse – added in Spanish at the time. ‘I didn’t do nothing.’
Boada was filmed flipping bystanders the bird when leaving his arraignment later that day
Wilson Juarez, right, and Kelvin Servita-Arocha, left, have also been charged in the attack that happened last month
Darwin Andres Gomez (left) and Kelvin Yorman Reveron (right) were released without bail, Gomez was arrested and taken to Rikers earlier this week for theft
A sixth suspect, Yohenry Brito, 24, was arraigned in Manhattan criminal court last month. A seventh and eight suspect – the latter of whom cops mistook Boada for – is now in custody as well
The actual suspect, officials said, was tracked down thanks to his social media accounts – which showed him wearing the identifiable jacket and sneakers, Manhattan Assistant District Attorney Zachary Kotin said.
He was arrested on Thursday in Midtown after cops recognized him from a wanted poster, despite him denying any involvement in the headline grabbing case.
Seven others – Yohenry Brito, 24, Yorman Reveron, 24, Ulises Bohorquez, 21, Wilson Juarez, 21, Kelvin Servat Arocha, 19, Darwin Andres Gomez-Izquiel, 19 and Yarwuin Madris, 17 – were arrested as a result, and are now facing charges.
The two officers in the incident, Lieutenant Ben Kurian and Officer Zunxu Tian, are said to have suffered laceration, bruising and substantial shoulder pain.
Questions were raised about Madris’ age as the prosecutor said he told officers who arrested him on Tuesday that he was 23, but he previously told Port Authority officers he was 17.
The suspect faces a maximum prison sentence of seven years if he is convicted of second-degree assault.
Defense attorney Hillela Simpson argued her client should be released on bail and pointed to how almost all of the other suspects had been released.
‘My client is 17 he has no recordable history on this rap sheet,’ she told the court. ‘The attention of the national media does not change the facts of this case.
‘My client is not alleged to have kicked or punched either of these officers- he is alleged to have tried to pull an officer away.’
She added: ‘My client was not evading prosecution, he was arrested in his home.
Simpson said the number of Madris’ guardian was not provided by the police until late but Judge Antignani asked: ‘Who is his guardian? He is clearly not living with his guardian if he is living with the Bronx.
‘I have never seen a situation where we are using the term guardian to suggest someone you don’t live with at 17.’
The defense attorney replied: ‘I was just provided her contact information, I have not been able to verify the nature of their relationship.
‘But he does have a stable place to go if he was to be released. This is a young person. I would ask your honor to release him on his own recognizance.’
But Judge Antignani ruled he is to be held on remand and said: ‘I don’t know who will be such a bigger risk of flight. We don’t know his proper age, I don’t even know if it is his real name.
‘I believe that there is no bigger flight risk, it’s not a situation where he surrenders his passport or ID. He doesn’t have any.’ Madris will next appear in court on March 19.
It comes after another suspect Gomez-Izquiel, 19, was arrested again on Tuesday evening over an alleged robbery.
He is accused of shoplifting and attacking a security guard at a Macy’s in Queens, according to police who say he was part of a group, which stole $600 worth of goods.
Body camera footage shows the moment cops and migrants met in Times Square
The two officers in the incident, Lieutenant Ben Kurian and Officer Zunxu Tian, are said to have suffered laceration, bruising and substantial shoulder pain
Gomez-Izquiel has been charged with robbery and petit larceny and was arraigned in Queens Criminal Court in mid-February.
Brito, 24, is set to appear in court again on March 25, at which time the charges against him will be unsealed.
He is being held at Rikers Island on $15,000 cash bail or a $50,000 bond as the Manhattan District Attorney’s Office argued Brito had been positively identified in video of the attack through a ‘distinct tattoo.’
Brito was already known to police over a series of past offenses, including charges of petty larceny for stealing $275 worth of goods from Bergdorf Goodman in October and $139 of clothing from Macy’s.
Police sources initially said that four migrants charged in the Times Square attack – Gomez-Izquiel; Kelvin Servita Arocha, 19; Wilson Juarez, 21, and Yorman Reveron, 24 – could have fled the city after using fake names to obtain tickets from a charity that helps migrants.
Jandry Barros, 21, another suspect who was arrested, was let go without charges for lack of evidence. He also has a previous record with authorities.
On February 2, Bragg defended the decision to release some of the suspects on bail amid their still ongoing investigation.
He said: ‘While the video is shocking and disturbing, in order to secure convictions in the court of law, it is essential that we conclusively identify each defendant.
‘In Manhattan, we don’t tolerate or accept assaults on police officers. I watched the tape this week. Despicable behavior. It sickened me and outraged me.’
The brutal attack occurred around 8:30 pm when officers attempted to disperse a disorderly group in front of 220 West 42 Street.
A fight broke out between a suspect in a yellow sweatshirt and the police officers.
According to the NYPD, the migrants then started to attack the officers, kicking them in the head and body while the two officers tried to pin down one of the other men, tearing off his sweatshirt.
The migrants then ran away, making their getaway east on 42nd Street toward 7th Avenue.
At around 10:45pm that night, four of them – Gomez-Izquiel, Arocha, Wilson and Reveron, were arrested.
They were all charged with assault on a police officer, gang assault, obstructing governmental administration and disorderly conduct but were released without monetary bail.
Bragg’s office, meanwhile, continues to vet the case, which warranted some choice words from NYPD Chief of Patrol John Chell this past mojnth.
‘You want to know why our cops are getting assaulted? There are no consequences,”
‘Eight people attacked two cops. Cowards.’
As for Boada, he is now a free man, after being released without bail due to not possessing a criminal history. He has yet to comment publicly on his wrongful arrest.
Cops’ probe into the fight – which occurred when officers approached the group of migrants in front a shelter before ordering them to move – remains ongoing.