(ConservativeHub.com) – Daniel Penny’s attorney, Thomas Kenniff, has criticized the choice to let several migrants go without bail following their alleged involvement in an altercation with NYPD officers near Times Square. The incident, captured on surveillance video on a Saturday night, depicted the suspects engaging in a physical confrontation with the officers, which included kicking, after being instructed to disperse.
The individuals involved were apprehended shortly after the incident. They were identified as Darwin Andres Gomez Izquiel, Wilson Juarez, Kelvin Servat Arocha, Yorman Reveron—who has two ongoing legal cases for assault and robbery in Manhattan—and Jhoan Boada.
Subsequent arrests included Yohenry Brito and Jandry Barros, with Brito facing a felony charge and a set bail, while Barros was released pending a further hearing. The Manhattan District Attorney’s office later decided not to pursue charges against Barros, citing insufficient evidence of his involvement in the attack.
Reports emerged that four of the people charged might have departed New York City, with ongoing searches for additional suspects linked to the altercation.
Kenniff, representing Penny in a separate case involving the fatal chokehold of a subway passenger, expressed bewilderment at the decision to release the suspects without bail, emphasizing the importance of bail in ensuring court appearances. He pointed out the apparent lack of ties the accused had to New York City and suggested that their actions indicated a potential unwillingness to comply with legal proceedings, particularly given their resistance and aggression towards law enforcement.
Penny, who pleaded not guilty to second-degree manslaughter charges in the death of Jordan Neely, is argued by his defense to have acted in self-defense amid Neely’s threatening behavior. Despite a motion to dismiss the charges, Penny remains bound by the same bail conditions set previously.
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