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Manhattan DA clears migrant of charges in gang attack on NYPD officers

By Stew Davidson
March 3, 2024

A migrant previously accused in an attack on NYPD officers has been cleared of all charges.

In a significant turn of events, the Manhattan District Attorney's Office has dismissed charges against 22-year-old Jhoan Boada, finding him not involved in the assault on New York City police officers. This decision came after a detailed investigation pointed to another individual, Marcelino Estee, as the assailant. Estee, identified by his distinctive black and white jacket and pink shoes, is now facing charges for his role in the incident, as reported by Fox News.

Investigation leads to a pivotal shift in the case

The initial accusation against Boada had caused a stir, especially after images surfaced of him showing middle fingers to the media following his release.

His release, along with other migrants involved in the incident, had sparked widespread criticism, particularly towards Manhattan District Attorney Alvin Bragg. However, the recent findings have shifted the narrative, highlighting the complexities of such legal cases.

According to the D.A.'s office, the exoneration of Boada underscores the importance of thorough and careful investigations.

The statement from D.A. Bragg's office emphasized the commitment to justice, stating, "Our investigation has revealed that Marcelino Estee, not Jhoan Boada, is the individual described in this complaint."

The incident in question occurred near a migrant shelter in Times Square, where a group reportedly attacked two NYPD officers.

The officers were assaulted while attempting to manage the sidewalk traffic, an altercation that was captured on surveillance and bodycam footage. This incident has since led to several arrests and re-arrests among the suspects.

A broader conversation on law enforcement and migrant issues

One of the officers involved in the Times Square incident, NYPD Lieutenant Ben Kurian, is slated to attend President Joe Biden's upcoming State of the Union speech.

This development brings national attention to the challenges faced by law enforcement officers in New York City and elsewhere. Kurian, a veteran of the NYPD and a Queens resident, was invited by U.S. Rep. Nicole Malliotakis.

Rep. Malliotakis has voiced her concerns over the safety of NYPD officers and the impact of current border policies on crime rates.

She stated:

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 committed by those in our country illegally.

The invitation to Lt. Kurian to attend the State of the Union is seen as a gesture of support for law enforcement and an opportunity to highlight the need for policy changes regarding border control and immigration.

Community and law enforcement react to the developments

The case against Boada and the subsequent exoneration has elicited a range of reactions from the community and law enforcement officials.

The Police Benevolent Association, representing NYPD officers, has been approached for comment on the latest developments.

The incident and its aftermath have reignited debates over the city's handling of crimes involving migrants and the broader implications for public safety and justice.

With several suspects still facing charges, the case continues to unfold, drawing attention to the challenges of policing in a diverse and dynamic urban environment.

In light of the recent developments, there is a growing call for a balanced approach to law enforcement, one that ensures public safety while also respecting the rights and dignity of all individuals, including migrants. The case of Jhoan Boada serves as a reminder of the complexities involved in such incidents and the importance of due process in the pursuit of justice.


  • The Manhattan D.A.'s Office has cleared Jhoan Boada of charges, pointing to Marcelino Estee as the assailant.
  • The case has stirred debates over law enforcement and migrant issues, with implications for public safety and justice.
  • NYPD Lieutenant Ben Kurian's attendance at the State of the Union highlights the national significance of these challenges.
  • The exoneration of Boada underscores the importance of thorough legal investigations and the need for due process.