A Venezuelan man who became the subject of national attention for allegedly kicking a police officer in New York's Times Square, then flipping over news cameras on his way out of court, was acquitted of any wrongdoing on Friday after prosecutors concluded that he played no role in the attack. .
Clearance of the Manhattan District. Atty. Alvin Bragg came weeks after Joan Boada, 22, was vilified as the “arrogant” face of a Jan. 27 altercation between immigrants and New York City police officers that sparked a political uproar.
He was featured prominently in a pro-Donald Trump political ad titled “Middle Finger to Joe Biden,” which ended with a freeze frame of Boada making the gesture as he left for trial.
In a Manhattan courtroom on Friday, prosecutors told the judge that further investigation proved Boada did not participate in the attack. The man seen in the video kicking an officer with a pink shoe – initially identified by police as Boada – is believed to be someone else. This man has been charged and is awaiting criminal trial.
Javier Damian, Buda's lawyer, said his client was the victim of a “rush to judgment” by the media, police and elected officials.
“It was a political football, and people were attacked on a massive scale,” he said. “It's very sad.”
Boada, who lives in a homeless shelter in New York, has maintained his innocence from the beginning. During his arraignment on January 31, his attorney told the judge that Boada asked to share surveillance video of the incident because “everyone who watches the video is not going to see it there.”
Prosecutors agreed to release Boada without bail, noting that he had no criminal record and that they were working “to conduct a comprehensive analysis of the incident and the defendant’s role in it,” according to a transcript of the proceedings.
News of Boada's release sparked fiery reactions from conservative media and police officials. In an interview with MSNBC's “Morning Joe,” John Chell, the NYPD's chief of patrol, suggested that Boada and others fled the city on a bus — a claim that officials later disputed.
“To make matters worse for all of us, who are very well-off people in New York City, to literally give us the finger on our way out the door,” Chell continued. “This is a set of issues we need to talk about, and it stops there.”
New York Governor Kathy Hochul, a Democrat, criticized prosecutors' decision not to seek bail, adding that everyone involved in the assault should be deported.
In the weeks following the brawl, the Manhattan District Attorney acknowledged that some of the people initially accused of kicking police turned out to have played a less significant role in the brawl than previously thought.
“We have to make sure that the individuals who have actually committed criminal acts in this matter are identified and charged,” Bragg said. “The only thing worse than failing to bring perpetrators to justice is trapping innocent people in the criminal justice system.”
The assault charges were downgraded to tampering with evidence after prosecutors determined Boada did not touch the police officers but swapped his jacket with one of the men who fled the confrontation.
Additionally, a 19-year-old who reportedly attacked officers did not do so, but allegedly kicked a police radio. Prosecutors also dropped assault charges against a 21-year-old man due to insufficient evidence.
Damien said Boada was confused when police arrested him for assault two days after the incident, but found it difficult to defend himself in English.
“He was trying to explain to the policeman that he wasn't there,” the lawyer said. “But they didn't listen to him.”
