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Suspect in Times Square assault on NYPD officers back in court to face new charges, while another is released on bail

Suspect in Times Square officer assault arraigned overnight on new charges
Suspect in Times Square officer assault arraigned overnight on new charges 02:35

NEW YORK -- A suspect in last month's assault on NYPD officers in Times Square appeared in court overnight to face new charges for a separate crime in Queens.

It comes as the alleged instigator of the attack released from jail after posting $15,000 bail. 

Most of the suspects were initially charged and released in the Times Square attack. The police union said Wednesday's developments prove that bail reform laws are failing to hold them accountable.

The Manhattan district attorney called the attack "despicable." 

The DA said Darwin Andres Gomez-Izquiel, 19, was seen Jan. 27 on surveillance video grabbing an officer and kicking another on West 42nd Street. He was charged with second-degree assault and released. 

On Wednesday, cops picked Izquiel up again. He was allegedly part of a group that shoplifted $600 worth of clothing at a Macy's in the Queens Center Mall and assaulted an employee Tuesday. 

Police sources said Izquiel allegedly acted as a lookout, and faces charges of petit larceny and robbery. 

"The law needs to change. Those who assault New York City police officers need to be prosecuted to the fullest extent of the law. We're going to be in these courtrooms to make sure justice does its job," PBA President Patrick Hendry said.

Watch Ali Bauman's report

Suspect in attack on NYPD officers in Times Square arrested again 03:06

Izquiel is one of seven migrants indicted in the Times Square assault on two NYPD officers. The alleged instigator, Yohenry Brito, was released Tuesday on $15,000 bail after being held on Rikers Island for more than a week.

"We've always made it very clear that the small number of people who are repeat offenders should be addressed accordingly," Mayor Eric Adams said.

Two men previously charged and released, a law enforcement said, are now in Immigration and Customs Enforcement custody. The source said while executing an arrest warrant in the Bronx, officers found Kelvin Servita Arocha, who the DA says kicked a police radio in the Times Square case. 

Also allegedly taken into ICE custody was Wilson Juarez, who officials say changed jackets with Brito, who had been wearing one that was bright yellow. 

"I said all along that bail should have been requested given the severity of what they did. Attacking police officers in the city of New York will never be allowed and we have to send a strong message," Gov. Kathy Hochul said.

Hochul defended the state's bail laws while announcing a joint task force to combat the city's scourge of shoplifting.

"I'm putting money toward our state police, $25 million to have a specialized retail theft unit in the state police, $15 million for prosecutors and local law enforcement to go after them, $5 million for our efforts to help small businesses get security measures," Hochul said.

Watch Lisa Rozner's report

Times Square police assault suspect released on bail 03:11

Law enforcement said Izquiel, Arocha and Juarez were part of the group that allegedly fled on a bus to Mexico. The DA said Wednesday's developments prove that was "widespread misinformation." 

"Yesterday, the NYPD arrested another individual in the Bronx pursuant to an arrest warrant stemming from our indictment. Wilson Juarez and Kelvin Servita Arocha were in the same apartment when that arrest occurred -- contrary to widespread misinformation they had fled New York City on a bus. Five of the individuals charged in this incident are currently in law enforcement custody, and our investigation with the NYPD remains ongoing," a spokesperson for the Manhattan DA said. 

Also on Wednesday, cops picked up two additional suspects, including Yarwuin Madris, who the DA said was seen in a red, white and blue Fila jacket allegedly grabbing one officer. He was remanded and won't appear in court until next month. 

The DA said there are a total of five suspects in the case currently in custody. Most of the people charged are expected to appear in court Friday. 

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