Two illegal migrants have been hit with federal charges for the shooting of an off-duty US Customs and Border Protection officer who took a bullet to the face during a violent Manhattan robbery, officials announced Thursday.
Miguel Francisco Mora Nunez, 21, was charged with possession of ammunition by an illegal alien, and fellow Dominican Republic national Christhian Aybar-Berroa, 22, was hit with accessory after the fact for the July 19 shooting, according to the Department of Homeland Security.
Mora Nunez is accused of shooting the 42-year-old officer — who fired back with his own gun during the confrontation Saturday in Fort Washington Park — while Aybar-Berroa allegedly helped with the robbery, officials said.
“As alleged, Miguel Mora Nunez and Christhian Aybar-Berroa came to a New York City park and Mora Nunez opened fire—hitting a federal officer in the face,” US Attorney Jay Clayton said in a statement.
“Gun violence will not go unanswered. Our office will relentlessly pursue anyone who threatens the safety of New Yorkers and the federal officers sworn to protect them.”
The federal agent and a female companion were sitting on a rock along the Hudson River in the upper Manhattan park when they were ambushed by the two men on a moped around 11:50 p.m., according to the complaint.
Just minutes earlier, the pair of illegals had allegedly stolen a cellphone from another woman in the park before a masked Mora Nunez got off the moped and approached the victims from behind while brandishing a firearm.
The alleged perp shot the agent in the face and right arm before the officer drew his own pistol and opened fire, striking the gun-toting migrant in the leg and groin.
The wounded thug scurried back to the moped, where he and his accomplice – who was in the driver’s seat – sped off to a Bronx hospital, according to the complaint.
Mora Nunez was admitted for treatment and then quickly arrested by police early Sunday morning. Aybar Berroa was arrested the following day.
Harrowing video released by DHS caught one suspect hopping off the moped and approaching the CBP officer before firing shots at him — then reeling back after the officer returned fire. The suspects eventually fled on the moped, the video showed.
Both men, who entered the country illegally during the Biden administration, face lengthy prison terms in addition to removal orders from the United States, federal officials said.
Mora Nunez – who could get 15 years behind bars if convicted – crossed the US-Mexico border into Arizona in April 2023 and has since racked up a litany of arrests in New York City and beyond prior to the shooting.
Aybar-Berroa waltzed across the border into Texas in 2022 and was released on parole ahead of his immigration hearing, Homeland Security Secretary Kristi Noem said.
He then made his way to the Big Apple, where he was cuffed at least eight times by the NYPD – all after a federal judge ordered his deportation in January 2023 – and was released each time, officials and sources said.
Aybar-Berroa, who faces just over seven years in prison for Saturday’s violent encounter, is a suspect in at least four other cases.
He allegedly told police he was at the scene of the park shooting but claimed he had no idea his violent partner in crime had stolen a cellphone or was carrying a gun, the complaint states.
The suspected thief also admitted to police he was in the country illegally.
“As alleged, these defendants entered and spent years in our country illegally, and their criminal activity culminated in Saturday night’s near-deadly attack on one of our own,” HSI Special Agent in Charge Ricky J. Patel said in a statement.
“Today’s announcement underscores HSI New York’s tireless commitment to answers, and ultimately justice on behalf of our DHS family, alongside our partners from CBP, the NYPD, and the United States Attorney’s Office for Southern District of New York.”
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