Alleged homeless mugger should be released under Manhattan DA Bragg’s new memo, his lawyer argues

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An legal professional for the homeless man accused of mugging Samaritan in Manhattan fumed Thursday that his consumer was saved behind bars — saying prosecutors didn’t “abide” by District Attorney Alvin Bragg’s progressive new insurance policies by in search of bail within the case.

The lawyer, Brian Kennedy, had hoped his homeless consumer Xavier Israel was “entitled to presumptive release” from custody under Bragg’s directive nixing pre-trial detention in lots of instances.

But as an alternative, prosecutors requested that Israel be held on $45,000 bail on second-degree theft expenses within the caught-on-video assault from Wednesday morning.

“I’m gonna ask you to refer to the new memorandum,” Kennedy begged Manhattan Criminal Court Judge Marisol Martinez Alonso, who in the end set bail at $25,000.

Surveillance video caught Israel, 25, allegedly pummeling after which robbing the do-gooder, who had simply coated the vagrant with his personal jacket on Fifth Avenue.

Under the orders Bragg issued to workers on Jan. 3, his first full day in workplace, defendants have “a presumption of pre-trial non-incarceration in every case” besides people who contain homicides and a handful of different main crimes.

Police transport Xavier Israel, 25, from Midtown South precinct in Manhattan after he was arrested for assaulting and robbing a man.
Xavier Israel was arrested for assaulting and robbing a person who had supplied him a coat.
William Miller

They embody violent felonies wherein victims endure severe accidents by way of the usage of weapons and different lethal weapons, intercourse offenses, felony home violence and public corruption.

“If you’re gonna make that kind of statement in the memo then you should abide by it,” Kennedy fumed to The Post after the listening to.

“They didn’t, [they] argued for bail when he should have been presumptuously released.”

In requesting bail, prosecutors argued that Israel has ties to each Pennsylvania and Ohio, the place he has prior arrests for “assault, drug possession, theft, domestic violence assault and has multiple convictions.”

Manhattan DA Alvin Bragg
Manhattan DA Alvin Bragg has not too long ago come under hearth for his progressive new insurance policies.
G.N.Miller/NYPost

Prosecutors additionally famous that Israel was busted twice for assault simply this month in New York.

In the primary incident, he was accused of punching a person and a girl, each 18, as they sat on a rock in Central Park on Jan. 2 and shouting obscenities at them. Then on Jan. 8, he allegedly attacked a 49-year-old lady on fifth Avenue and East 84th Street after she noticed him sleeping on the bottom and tried to assist.

He was charged with third-degree assault and given desk look tickets in each instances.

“This defendant has escalated behavior, out-of-state ties and no New York City address,” assistant district legal professional Marcella Lupski mentioned.

Surveillance video shows homeless man Xavier Israel allegedly beating and robbing good Samaritan Sang Trick who offered him a coat.
Surveillance video reveals Xavier Israel allegedly beating and robbing the person who supplied him a coat.

Kennedy advised the decide that Israel is homeless.

“He is likely recovering from a mental illness and is impoverished,” he mentioned. “He is possibly suffering from substance abuse.” 

Israel, who was noticed carrying his masks over his eyes, nostril and mouth, ranted about his legal professional throughout an outburst in court docket, prompting the decide to warn him: “Sir, if you continue to talk, we’re going to have to do this later.”

His subsequent court docket date is scheduled for Friday.

Police transport Xavier Israel from Midtown South precinct in Manhattan after he was arrested for assaulting and robbing a man.
Police transport Xavier Israel from Midtown South precinct in Manhattan after he was arrested for assaulting and robbing a person.
William Miller

Surveillance video of the Wednesday incident allegedly reveals Israel mendacity on a Fifth Avenue sidewalk as the person takes off his personal coat and gently covers him with it.

Israel abruptly springs to his ft, grabbing the 58-year-old sufferer’s arm earlier than shoving him to the bottom, punching him repeatedly and rifling by way of the person’s pockets.

Israel allegedly fled with the nice Samaritan’s pockets and $1,500 in money, however was arrested a short while afterward West forty first Street and Fifth Avenue, police sources mentioned.

Israel’s rap sheet stretches to Ohio, the place he was convicted in July 2018 of tried grand theft auto. He pleaded responsible in a take care of prosecutors that noticed him sentenced to 2 years probation.

Mayor Adams.
Mayor Adams referred to as the nice Samaritan “admirable.”
Lev Radin/Sipa USA

Mayor Eric Adams, who has vowed to crack down on crime within the Big Apple, referred to as the nice Samaritan “admirable” on Thursday — however stopped in need of condemning the violence.

Asked about his plan to take care of homelessness, Adams mentioned the problem had been a “real crisis for a long time” and that ordeal involving Israel confirmed “people are in a lot of pain.”

“When you see someone attack someone that helps them, that is a signal that people are in pain, and we need to alleviate if not eradicate that pain that people are experiencing,” Adams mentioned.

Additional reporting by Joe Marino, Sam Raskin and Emily Crane

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