Grand jury indicts Yohenry Brito in Jan. 27 attack on NYPD officers in Times Square
NEW YORK -- Yohenry Brito appeared before a judge on Tuesday afternoon, following last week's arrest in the attack on two members of the NYPD in Times Square.
Manhattan District Attorney Alvin Bragg has said Brito, a 24-year-old migrant, instigated the attack, adding he's the man seen on surveillance in a yellow jacket allegedly fighting with officers as they tried to arrest him on Jan. 27.
A grand jury indicted him on charges that remain under seal, and he'll be arraigned in March.
"I have no comment at this time. He pleads not guilty," defense attorney Mark Jankowitz said.
When asked if that means he's denying that his client assaulted the officer, the attorney said, "All it means is that he's procedurally entering a plea of not guilty."
READ MORE: Calls grow to deport migrants who attacked NYPD officers in Times Square
Of the 13 people believed to be involved, Brito is the only suspect to be held on Rikers Island. Last week, the district attorney did not request bail for the five other suspects charged in the case and police sources say some may have boarded a bus for the Mexican border. Gov. Kathy Hochul said Tuesday morning she's upset.
"That was an abhorrent act and anyone who thinks they should've been let loose, I have a big disagreement with," Hochul said on the MSNBC program Morning Joe. "A number of them, we think, went on a bus. They were freed because no bail was posted. I worked hard to change the bail laws in New York state. Those crimes were bail-eligible."
Bragg has said he didn't request bail because it wasn't clear the exact role each suspect played in the attack, and, legally, there's a short window to prove it if someone is held.
However, some New York state Republicans aren't buying it. They wrote a letter to the governor on Tuesday saying, "The public safety of New Yorkers is clearly at risk. We urgently ask you to exercise your power under the state constitution and the Public Officers Law to remove District Attorney Alvin Bragg from office."
READ MORE: Mayor Eric Adams backs DA Alvin Bragg's approach to NYPD Times Square attack investigation
Bragg's office responded with the following statement:
"As the District Attorney and New York City police commissioner clearly stated this weekend, and as Mayor Adams echoed yesterday, we are working closely with the NYPD to make positive identifications, build our case, and hold those responsible accountable. Shootings and murders are down 38% and 23% in Manhattan since DA Bragg took office, and gun prosecutions are up 20%. We welcome collaboration with the signatories on public safety initiatives such as strengthening our hate and sex crimes laws and investing in mental health initiatives that would prevent crime and save lives."
Immigrant advocacy groups have been calling on the NYPD to release body camera video from the assault. In a statement, the group Make the Road New York said, "All New Yorkers deserve due process, regardless of their zip code, race, or when they arrived here. It is deeply irresponsible for anyone to use one incident to vilify immigrant communities and try to roll-back common-sense policies that have kept New Yorkers safe."
The NYPD has not said if it will release body camera footage.
As for Brito, he remains on Rikers Island on $15,000 cash bail. He also has two prior open cases, including a shoplifting charge.
The next court date for the other suspects arrested is scheduled for Feb. 20.