The four migrants reported were recorded on video The suspect who assaulted two police officers in Times Square last month has not been arrested in Arizona, as Immigration and Customs Enforcement had claimed, three law enforcement officials said.
On Tuesday night, an ICE spokesperson announced that ICE had arrested four people believed to be involved in the attack.
The people in ICE custody do not match the identities or names of those involved in the New York attack, three law enforcement officials said.
New York law enforcement officials said the four people detained may be in the country illegally and could be subject to deportation, but they are not the four people charged in connection with the assault. .
A spokeswoman for the Manhattan District Attorney's Office said it was informed by Homeland Security Investigations on Tuesday that “the four individuals in custody are not involved in the New York City investigation.”
“To date, we have not received any indication from federal authorities that they have detained anyone related to our case,” the spokesperson said.
ICE did not respond to a request for comment Wednesday.
Video of the attack sparked widespread outrage, including from Gov. Cathy Hochul, who criticized the decision to allow the suspects to be released.
“Take them all and send them back,” she said last week in response to a question about people arrested in connection with the assault. She said, “Don't touch our police officers. You don't touch anyone.”
According to police, the attack occurred on January 27 around 8:30 p.m. When a riot broke out on 42nd Street, officers attempted to disperse the disorderly group. As the officer attempted to arrest the person, “unidentified individuals repeatedly kicked and punched the officer in the head and body,” a police spokesperson said. The people then fled, police said. The police officers suffered minor injuries.
Seven people were arrested, and a police spokesperson previously told NBC News that all were immigrants. NBC News cannot confirm how long they had been in the United States, but at least two provided police with addresses as shelters for newly arrived migrants. The Manhattan District Attorney's Office declined to comment on the suspect's immigration status. Five of the seven were charged and released on their own recognizance: Yeoman Rebellon, 24; Darwin Andres Gomez-Izquiel, 19 years old. Kelvin Servita Arauca, 19 years old. Wilson Juarez, 21 years old. Rebellon was released on supervised release. They have all been charged with assault on a police officer, gang assault, obstruction of public administration and disorderly conduct. The District Attorney's Office announced that the five defendants face felony charges punishable by up to seven years in prison.
Two other suspects, Yoenly Brito, 24, and Jandry Barros, 21, were arrested on suspicion of robbery and serious assault. The District Attorney's Office declined to prosecute Mr. Barros, citing insufficient evidence. Brito was arraigned Thursday, and his cash bail was set at $15,000. He was indicted by a grand jury on Tuesday and pleaded not guilty. He is being held at a facility on Rikers Island.
Patrol Chief John Chell said Friday that some of the released men are believed to have fled New York by bus. The district attorney's office said it is investigating the allegations. Under the terms of their release, the men do not have to stay in New York.
