Ricardo Hernandez, who was arrested for attempting to shove an Asian undercover NYPD officer off of a New York subway platform and onto the tracks, has now been released without bail as the judge lamented, “My hands are tied.”
Hernandez reportedly faces three hate-crime charges for his actions on a Long Island City train platform at approximately 5:30 p.m. on Saturday. He also reportedly has 12 prior arrests so he is no stranger to the police. The police officer involved was not named and was reportedly not injured, according to the New York Post.
During Hernandez’s arraignment, Queens Supreme Court Justice Louis Nock stated that New York’s bail-reform measures regrettably prevented him from keeping Hernandez in jail: “My hands are tied because under the new bail rules, I have absolutely no authority or power to set bail on this defendant for this alleged offense.”
New York has instituted measures that state that if an attack causes no injury, the suspect is exempt from bail. It is one of a number of pieces of legislation that are allegedly tying the hands of judges and police officers in the state.
(Video Credit: CBS New York)
The judge also dismissed a warrant against Hernandez that involved a prior open-container summons.
“Yesterday in Queens, when anti-Asian slurs where hurled and violence was threatened — the offender had no idea his victim was actually an undercover officer,” NYPD Commissioner Dermot Shea tweeted after the arrest. “There is no room for hate in NYC.”
Yesterday in #Queens, when anti-Asian slurs where hurled and violence was threatened — the offender had no idea his victim was actually an undercover officer.
There is no room for hate in NYC.https://t.co/hA1n0zlYnV
— Commissioner Shea (@NYPDShea) April 18, 2021
The suspect has nine sealed arrests on his record. He was nailed previously in 2019 for possession of a controlled substance and for turnstile jumping in 2016 and 2017.
According to police Hernandez engaged the undercover cop while he was on the N train platform located at 31st Street and 39th Avenue in Dutch Kills. He then attempted to shove him onto the subway tracks. He was arrested by a team of detectives, NYPD Chief of Transit Kathleen O’Reilly stated.
“That’s why you people are getting beat up,” Hernandez allegedly told the officer. “I got nothing to lose.”
“I will f–k you up!” Hernandez snarled. “This is my house.”
Today 5:40p at 31St/39Ave train station in Astoria, Queens. 34-year-old Ricardo Hernandez charged with aggravated harassment, 2nd degree hate crime, 3rd degree hate crime menacing. 2/2 #StopAsianHate #StopAsianHateCrimes https://t.co/rh0LFCmF3A
— CeFaan Kim (@CeFaanKim) April 18, 2021
“The officer was put in fear for his safety and considered Hernandez violent,” an NYPD spokesperson stated.
Hernandez was arrested at the scene of the attempted crime. He was then charged with menacing, aggravated harassment, and harassment. All three are classified as hate crimes.
The assault on the police officer follows another attack this month on an Asian undercover officer. The suspect in that incident was released 12 hours later.
On April 9, Juvian Rodriguez was also arrested after he viciously told another Asian officer: “Go back to China before you end up in a graveyard.”
“I’m gonna slap the holy piss out of you and stab you in the face,” he allegedly threatened the police officer.
New York has seen a rash of attacks against Asian-Americans in recent months and the New York Police Department has stepped up its undercover work in an effort to apprehend those who are attacking the Asian community.
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