- Thomas Kenniff is representing Penny as he faces manslaughter charges over the chocking death of an unruly subway passenger
- Six migrants have been charged in connection with the Times Square attack
- Five of them were released without bail, sparking backlash
The lawyer of marine veteran Daniel Penny has slammed the decision to allow six migrants who attacked NYPD officers in Times Square on Saturday to walk free without bail.
Thomas Kenniff, who is representing Penny as he faces manslaughter charges over the choking death of an unruly subway passenger last year, called the decision ‘very confounding.’
A total of six migrants have been charged since the Saturday attack on cops, but five have been released with no bail. A seventh suspect was arrested but let go for lack of evidence, police said.
‘The primary purpose of bail is to ensure that people return to court… from what I understand, they seem to have minimal if no ties to New York City,’ Kenniff told Fox News Digital.
He added: ‘Anyone who is willing to resist arrest — or even worse, assault a police officer — that’s indicative of someone who doesn’t have respect for the legal system, which makes them even less likely to return to court. So if there was ever a situation where bail is appropriate, this seems that sort of case.’
Marine veteran Daniel Penny’s lawyer Thomas Kenniff has slammed the decision to allow five migrants who attacked NYPD officers in Times Square on Saturday to walk free without bail
![Kenniff is representing Penny as he faces manslaughter charges over the chocking death of an unruly subway passenger](https://i.dailymail.co.uk/1s/2024/02/02/15/80130443-13038267-Penny_held_Neely_in_a_chokehold_for_six_minutes_on_the_train_whi-a-138_1706888741367.jpg)
Kenniff is representing Penny as he faces manslaughter charges over the chocking death of an unruly subway passenger
The brutal attack occurred around 8.30pm on Saturday when officers attempted to disperse a disorderly group in front of 220 West 42 Street.
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 Seventh Avenue.
That night, four were arrested – Darwin Andres Gomez Izquiel, 19, Kelvin Servat Arocha, 19, Wilson Juarez, 21, and Yorman Reveron, 24.
They were all charged with Assault on a Police Officer, Gang Assault, Obstructing Governmental Administration and Disorderly Conduct but were released without monetary bail.
Reveron also has two pending cases in the city for assault and robbery relating to an incident with a Nordstrom Rack employee in November.
![Darwin Andres Gomez](https://i.dailymail.co.uk/1s/2024/02/02/15/80773695-13038267-Darwin_Andres_Gomez-a-130_1706888372274.jpg)
![Kelvin Servita Arocha](https://i.dailymail.co.uk/1s/2024/02/02/15/80773693-13038267-Kelvin_Servita_Arocha-a-131_1706888372276.jpg)
Darwin Andres Gomez (left) and Kelvin Servita Arocha were also released without bail
![Wilson Juarez, one of five migrants charged with ganging up on two cops in Times Square](https://i.dailymail.co.uk/1s/2024/02/02/15/80773627-13038267-Wilson_Juarez_one_of_five_migrants_charged_with_ganging_up_on_tw-a-143_1706888773221.jpg)
![Yorman Reveron](https://i.dailymail.co.uk/1s/2024/02/02/15/80773697-13038267-Yorman_Reveron-a-144_1706888773223.jpg)
Wilson Juarez, left, and Yorman Reverson- two of the migrants charged with ganging up on two cops in Times Square
![Jhoan Boada (pictured), 22, was arrested Monday night and charged with Attempted Assault on a Police Officer and Gang Assault](https://i.dailymail.co.uk/1s/2024/02/02/15/80687535-13038267-Jhoan_Boada_pictured_22_was_arrested_Monday_night_and_charged_wi-a-145_1706888791327.jpg)
Jhoan Boada (pictured), 22, was arrested Monday night and charged with Attempted Assault on a Police Officer and Gang Assault
![](https://i.dailymail.co.uk/1s/2024/02/02/15/80747943-13038267-image-a-146_1706888920175.jpg)
As he left the courthouse, the 22-year-old raised his middle fingers up at reporters
Police now fear the four men hopped on a bus to flee the city before their court date.
They are believed to have given fake names to a church-affiliated nonprofit group that helps migrants get rides out of the city, law enforcement sources told the Post.
Jhoan Boada, 22, was also arrested Monday night and charged with Attempted Assault on a Police Officer and Gang Assault.
He is reportedly in the country illegally and listed as homeless. He was filmed flipping the bird at reporters after he was released on Wednesday.
Yohenry Brito, 24, was charged on Thursday. He is the only suspect being held as of Friday after his bail was set at $15,000 cash.
The DA’s office said this was because, unlike the other suspects, he had a neck tattoo that made his identification more reliable.
![Yohenry Brito, 24, was arraigned in Manhattan criminal court on Thursday and is the only one of the suspects being held on bail](https://i.dailymail.co.uk/1s/2024/02/02/15/80774747-13038267-image-a-148_1706888934078.jpg)
Yohenry Brito, 24, was arraigned in Manhattan criminal court on Thursday and is the only one of the suspects being held on bail
![Six men have been arrested and charged with Robbery and Felony Assault on Wednesday over the Times Square attack on police](https://i.dailymail.co.uk/1s/2024/02/02/15/80666379-13038267-Six_men_have_been_arrested_and_charged_with_Robbery_and_Felony_A-a-147_1706888930343.jpg)
Six men have been arrested and charged with Robbery and Felony Assault on Wednesday over the Times Square attack on police
New York governor Kathy Hochul has said that the state should consider deporting the group of migrants.
‘Get them all and send them back,’ Hochul told reporters during an unrelated press conference, reported the New York Post.
You don’t touch our police officers. You don’t touch anyone.’ Hochul, she added.
Police sources confirmed the men’s migrant status to the New York Post. Several addresses of the men provided by the police are homeless and migrant shelters.
New York City Mayor Eric Adams has repeatedly pointed toward the justice system’s current practice of ‘catch, release, repeat’ as a main driver of crime in New York City.
Over the summer, Adams blamed the city’s criminal justice system for turning the Big Apple into the ‘laughingstock of our entire country.’
New York City in particular has struggled under the weight of tens of thousands of migrants arriving at its borders in need of places to stay and other accommodations.
In 2023 alone, the city dealt with the arrival of more than 100,000 migrants.
Hochul once welcomed asylum seekers with ‘open arms’ and pledged to house them but is now starting to migrants to ‘go elsewhere’ because the city is at its limit.