An assault case against five blacks and Hispanics accused of beating a white Queens teen on Halloween is falling apart because DNA tests came back negative, defense lawyers said Wednesday.
"They got the wrong guys," said lawyer Edward Muccini, who represents one of the accused, Patrick Pugh. "The DNA came back negative."
Pugh, 18; Terrance Scott, 18; Talique Jackson, 16; Victor Tossas, 16, and George Morales, 25, are charged with felony assault, menacing and criminal possession of a weapon in the racially heated Howard Beach faceoff on Oct. 31, 2007.
Prosecutors said the suspects got into a fight with a group of egg-tossing teens and then chased one of them, Joseph Friedman, 16, before bashing him in the head with a broom handle.
In addition to the DNA not matching, witnesses were unable to identify any of the suspects - except Tossas - in a police lineup, prosecutors acknowledged.
Pugh was expected to plead guilty to a misdemeanor charge for kicking out the windows of a police car after his arrest, Muccini said.
Pugh spent three months in jail before his bail was reduced enough for him to afford it, Muccini said. The Queens district attorney's office declined to comment.
