by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Sept 3 – Five days after a shooting in NYC which drew comments from DC and beyond, on July 24 SDNY prosecutors announced they are "charging MIGUEL FRANCISCO MORA NUNEZ and CHRISTHIAN AYBAR-BERROA in connection with the shooting of an off-duty Customs and Border Patrol Officer. The incident occurred on July 19, 2025, at Fort Washington Park. AYBAR-BERROA was arrested today and will be presented tomorrow before Magistrate Judge Ona T. Wang."
Inner City Press, which covers the SDNY Magistrates Court closely, had been monitoring proceedings all week: no sign of this case. Then on July 25, Aybar-Berroa. Inner City Press live tweeted the detention, from the thread:
Federal Defender: There have been a number of extrajudicial statements, I'd like your Honor to issue an order under the Local Rule to prohibit those
Judge: Have you discussed with the AUSA?
AUSA Khairy: Give me a moment... It sounds like the defense is not asking for a gag order, just a reminder of the local rule. We might respond to a proposed order. Federal Defender: We want a reminder as Judge Subramanian did recently in US v Sean Combs
And when Mora Nunez? "When he's out of the hospital," Inner City Press was told.
And on July 31 Mora Nunez was presented, by video from a hospital bed, before SDNY Magistrate Judge Aaron. Inner City Press again live tweeted, here. Mora Nunez, with a stand-in counsel for the day, was detained on consent, "without prejudice." The charge against him is possession of ammunition by an illegal alien (to Federalize the case).
More on X for Subscribers here and Substack here
The case was indicted and wheeled out to Judge Loretta A. Preska, who held an initial conference on September 3. Mora Nunez was there - and so was Inner City Press:
All rise! AUSA: We will produce discovery, including the DANY file.
Defense duo: We'd like time to review. Judge: December 2, 1 pm. Speedy Trial Act time excluded
Mora Nunez lawyer: He's getting no wound care in the MDC, only aspirin
FD: Just noting the parallel NYS case
More on X for Subscribers here and Substack here
The case is USA v. Nunez, et al., 1:25-cr-367 (Preska)
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