The cases against three of the defendants in the Howard Beach Halloween assault case were dismissed Friday while two others pleaded guilty to charges that did not include jail time, a spokeswoman for Queens District Attorney Richard Brown said.
The five defendants, all from Brooklyn and either black or Hispanic, were charged with forcing four white teenagers into a McDonald's on Cross Bay Boulevard on Halloween Night."After careful review and consideration of the facts presented and the law, it was determined that there existed insufficient evidence to support the charges originally brought against the five defendants and that the available evidence justified the dispositions taken (Friday) in open court," Brown said in a statement.
One of the victims, 16-year-old Joseph Friedman, was struck in the back of the neck with a hard object inside the McDonald's, while another victim was hit in the head with a broom handle, Brown said.
The cases of three defendants - Talique Jackson, 16; George Morales, 25; and Terrance Scott, 18 - will be sealed and dismissed within six months if they stay out of trouble, according to the DA's spokeswoman.
Another defendant Victor Tossas, 16, pleaded guilty to third-degree attempted assault, according to the spokeswoman, and was expected to be sentenced to three years' probation on May 6.
The spokeswoman said defendant Patrick Pugh, 18, pleaded guilty to fourth-degree criminal mischief, which also calls for three years' probation. Pugh was expected to pay $88 restitution for breaking a patrol car window during the attack, the spokeswoman said. He is also scheduled to be sentenced May 6.
Joseph Suraci, Scott's attorney, said his client was not identified in a line-up and his DNA was not tied to evidence from the crime scene.
"I didn't think my guy was connected to the crime," Suraci said. "That's what I thought from the beginning."
