Migrant initially accused in gang attack on NYPD officers has charges dropped after being 'exonerated': DA

Jhoan Boada, 22, famously flipped the bird to reporters and photographers outside an NYPD precinct after he was released without bail

A migrant initially accused of participating in the beating of a pair of New York City police officers and then brazenly giving the middle finger to reporters after being released without bail had his charges dropped, prosecutors said Friday. 

The Manhattan District Attorney's Office dismissed the criminal complaint against Jhoan Boada, 22, saying he had been "exonerated as a participant in this assault" following a "thorough and diligent investigation."

"Our investigation has revealed that Marcelino Estee, not Jhoan Boada, is the individual described in this complaint, wearing the black & white jacket with pink shoes, committing this assault," a statement from DA Alvin Bragg's office said. 


Migrant flips off reporters after NYPD assault

Migrant Jhoan Boada flips off reporters as he leaves court Jan. 31 in NYC. On Friday, the Manhattan District Attorney's Office dropped all charges against Boada related to the Jan. 27 Times Square attack on two NYPD police officers by migrants. (Steven Hirsch / New York Post / File)

"Marcelino Estee has been charged for his participation. We are therefore moving to dismiss this complaint against Jhoan Boada," the statement continued.

Estee is awaiting his arraignment, prosecutors said. The DA's office said a complaint against him will be released after his Saturday morning court appearance. 

Fox News Digital has reached out to the Police Benevolent Association for comment. 

Boada was one of several migrants arrested shortly after the Jan. 27 attack on two NYPD officers in Times Square near a migrant shelter. Surveillance and police bodycam footage shows a group kicking and punching the officers on the ground after they were told to move along a sidewalk near 42nd Street. 

NYPD officers were attacked by migrants near Times Square on Jan. 27.Video

Boada infamously gave reporters and photographers the middle finger following his release from the Midtown South Precinct in Manhattan. Initially, all the migrant suspects were released without bail except one, prompting widespread anger and criticism of Manhattan District Attorney Alvin Bragg. 

Several suspects accused in the attack have since been rearrested and are being held. 

One of the officers assaulted in the attack, NYPD Lieutenant Ben Kurian, will be present at President Biden's March 7 State of the Union speech in Washington. 

Kurian, a 20-year-veteran of the force and a Queens resident, was invited by U.S. Rep. Nicole Malliotakis, a Republican. 


Mayor Eric Adams, left, and District Attorney Alvin Bragg, right, listen during a press conference where they announced several charges for migrants involved in a Times Square brawl with police, Thursday, Feb. 8, 2024, in New York.  ((AP Photo/Bebeto Matthews))

"Our NYPD officers are on the front line every single day working to keep our streets safe, and unfortunately now they are being forced to deal with hundreds of violent crimes being committed by those in our country illegally," Malliotakis said in a statement. "The horrifying video of Lt. Kurian and his fellow officer being attacked by a mob in Times Square was hard to watch, but it shed a light on just how difficult our officers' jobs have become."

"I'm honored to have Lt. Kurian accompany me to the State of the Union to not only show support for New York City's finest, but to also bring attention to the need for the Biden Administration to end its dangerous border policies that have allowed millions of unvetted individuals to enter our country illegally," she added. 

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