After Canceled Guilty Plea by Man Charged in Shooting of CBP Agent US Says Follows 23.1

After Canceled Guilty Plea by Man Charged in Shooting of CBP Agent US Says Follows 23.1 by Matthew Russell Lee, Patreon Book Substack SDNY EXCLUSIVE, March 11 – Five days after a shooting in NYC which drew comments from DC and beyond, on July 24, 2025 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."    Jump cut to February 19, 2026, when Mora Nunez was slated to change his plea to guilty. Inner City Press was there; Mora Nunez was brought on by US Marshals and said he wanted a new lawyer.   Out in the hallway many CBD officers waited. Inside, with no other media present except Inner City Press, Mora Nunez was brought out again to meet his new lawyer. He said, "I haven't seen any decisive evidence against me yet." Out in the hall, when Inner City Press announced the news first orally and now here in writing, several CBP officers expressed disbelief. Inner City Press will continue to follow the case. There was nothing in the docket setting up the February 19 proceeding; there is, however, co-defendant Aybar-Berroa's motion for a hearing and special order under Local Criminal Rule 23.1(h), focused on the Government's press conference and "highly prejudicial statements." On February 24, Mora Nunez's new lawyer joined the motion: "I respectfully join the Motion on behalf of Mr. Mora Nunez.  Almost four weeks after the Motion was first filed, no such response has been submitted. Accordingly, together with counsel for Mr. Aybar-Berroa, I respectfully request that the Court direct the government to file a response or, in the alternative, grant the unopposed Motion." More details on X for Subscribers here and Substack here On March 11 the AUSA wrote in that it has instructed DHS and NYPD on Local Rule 23.1(h), and if the judge wants any more response, it wants until March 27.  [See, meanwhile, the SDNY case against two charged with throwing bombs near Gracie Mansion, in which the Federal Defenders are also involved.]   Previously, Inner City Press live tweeted the detention proceeding, thread On July 31, 2025 Mora Nunez was presented, by video from a hospital bed, before SDNY Magistrate Judge Aaron. Inner City Press again live tweeted, here 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) *** Your support means a lot. As little as $5 a month helps keep us going and grants you access to exclusive bonus material on our Patreon page. Click here to become a patron. Feedback: Editorial [at] innercitypress.com SDNY Press Room 500 Pearl Street, NY NY 10007 USA Mail: Box 130222, Chinatown Station, NY NY 10013 Reporter's mobile (and weekends): 718-716-3540 Other, earlier Inner City Press are listed here, and some are available in the ProQuest service, and now on Lexis-Nexis.  Copyright 2006-2025 Inner City Press, Inc. To request reprint or other permission, e-contact Editorial [at] innercitypress.com