[FoxNews] The lawyer for U.S. Marine veteran Daniel Penny is slamming the decision to release migrants without bail after they were charged with attacking a pair of NYPD officers near Times Square over the weekend.
Surveillance footage of the Saturday night scuffle shows a group of migrants attacking an NYPD officer and lieutenant after they were told to move along. The suspects can be seen kicking the officers before running off. They were arrested a short time later.
The NYPD identified the suspects as Darwin Andres Gomez Izquiel, 19, Kelvin Servat Arocha, 19, Wilson Juarez, 21, Yorman Reveron, 24 — who has two pending cases in Manhattan for assault and robbery — and Jhoan Boada, 22, who is listed as homeless and an illegal immigrant. Boada was filmed unashamedly flipping the bird at awaiting reporters as he was released from custody on Wednesday.
On Thursday, two more migrants were arrested — Yohenry Brito, 24, and Jandry Barros, 21 — in connection with the attack.
Brito was arraigned by the Manhattan District Attorney's office with a $15,000 cash bail and a $50,000 partial and secured surety bond bail for the felony charge. Barros was also arraigned Thursday and released, with his next hearing scheduled for Feb. 21.
Later Thursday, the Manhattan DA’s office declined to prosecute Barros.
"We vigorously condemn assaults on police officers and prosecute those responsible. The question here is whether the person arrested was even involved," a spokesperson on the Barros case told Fox News. "At this time there is not sufficient evidence that he is one of the people who committed this terrible act."
Meanwhile, law enforcement sources told the New York Post that four of the charged migrants may have left the city on a bus for California. The NYPD, meanwhile, is looking for additional suspects in connection with the attack.
Attorney Thomas Kenniff, who is representing Daniel Penny, a Marine veteran charged in the chokehold death of a subway passenger last year, called the prosecutor’s decision to release the migrants without bail "very confounding."
"The primary purpose of bail is to ensure that people return to court," Kenniff told Fox News Digital in an interview. "[F]rom what I understand, they seem to have minimal if no ties to New York City." 
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