CBP officers show support during accused migrant shooter's court appearance

Loading Video…

This browser does not support the Video element.

CBP officer shooting: 2nd suspect in custody

An off-duty CBP officer was shot by two undocumented immigrants on Saturday, July 19. FOX 5 NY's Briella Tomassetti reports from Harlem Hospital.

One of two Dominican nationals accused in the botched robbery that led to the shooting of an off-duty Border Patrol officer last week appeared in a New York City court on Friday.

Both men charged in the attack apparently entered the U.S. illegally, driving federal officials to call for harsher crackdowns on so-called sanctuary cities, like New York.

Accused attacker stonefaced, CBP officers show support

What we know:

Christhian Aybar Berroa entered the courtroom on Friday stonefaced, wearing a shirt emblazoned with "Godspeed" and using a headset to follow the proceedings through an interpreter.

His presence was met by a strong show of support from dozens of Customs and Border Patrol officers, who filled the courtroom to stand in solidarity with their injured colleague. 

The backstory:

The incident, which occurred less than a week ago, involved Aybar Berroa allegedly driving the getaway motorbike after the other suspect, Miguel Mora Nunez, shot the 42-year-old officer during an attempted robbery at a park beneath the George Washington Bridge.

The officer, despite being shot in the face and arm, managed to return fire, injuring Mora Nunez. Aybar Berroa then reportedly transported Mora Nunez to the hospital and attempted to dispose of the bloody clothing, further complicating the case.

Extensive criminal histories 

Dig deeper:

Court documents have revealed troubling details about both men, indicating they entered the United States illegally and have extensive criminal histories.

Mora Nunez had been ordered to be deported last year, while Aybar Berroa was slated for deportation in 2023.

Despite these orders and several arrests, both individuals remained in the country, raising questions about enforcement and oversight.

Mora Nunez is now facing charges of possession of ammunition by an illegal alien, a serious offense that underscores the gravity of the situation. Aybar Berroa, charged as an accessory after the fact, is accused of facilitating the escape and attempting to cover up the crime, actions that have drawn sharp criticism from law enforcement officials and the public alike.

What they're saying:

In response to the shooting, border czar Tom Homan went after sanctuary cities, calling them "sanctuary cities for criminals" and promised to "flood the zone" with more ICE agents.

"Sanctuary cities are now our priority," Homan said.

Loading Video…

This browser does not support the Video element.

Adams reacts to border czar's threat to 'flood' NYC with ICE agents

The Department of Homeland Security has pledged to flood New York City with ICE agents. FOX 5 NY's Morgan McKay asked New York City Mayor Eric Adams if he thinks the city needs more ICE agents.

What's next in court

What's next:

The judge has scheduled a preliminary hearing for Aug. 8, a critical step in the legal process that will determine the course of the case.

In response to concerns raised by the defense, the judge also issued a verbal reminder to the government and affiliated agencies to refrain from making public comments about the case, emphasizing the importance of ensuring a fair trial for Aybar Berroa.

The defense argues that despite the serious nature of the allegations, Aybar Berroa deserves the opportunity to present his case without prejudice.

Washington HeightsCrime and Public SafetyImmigration