The pair of illegal immigrants arrested in the shooting of an off-duty Customs and Border Protection officer allegedly plotted a brazen “robbery spree” over WhatsApp before the shocking attack, prosecutors revealed Wednesday.
Alleged shooter Miguel Francisco Mora Nunez, 21, was slapped with attempted murder charges in an 11-count indictment leveled in Manhattan Supreme Court, District Attorney Alvin Bragg announced alongside Mayor Eric Adams.
His fellow Dominican Republic national Christhian Aybar-Berroa, 22, was indicted on robbery, assault and weapon charges.
Bragg commended the 42-year-old CBP officer, who was shot in the face during the botched robbery inside Fort Washington Park on July 19, for brave actions that likely prevented future crimes.
“This was a robbery planned on text message, and it was the second,” Bragg said.
“We don’t know what would have happened afterwards had he not acted courageously.”
The new case — which will run parallel with a separate federal prosecution against the allegedly dastardly duo — fleshed out details about run-up to the fateful confrontation near the red lighthouse under the George Washington Bridge.
Mora Nunez and Aybar-Berro — who each racked up lengthy rap sheets since crossing the US-Mexico border in 2023 and 2022, respectively — had hatched plans to commit robberies in the park over the secure calling and messaging app, Bragg said.
Both rode a moped into the park shortly before midnight and first robbed a woman of her cellphone, the district attorney said.
They then spotted the off-duty CBP officer with another person, sitting on a jetty facing the water under the bridge, Bragg said.
Mora Nunez and Aybar-Berro didn’t appear to know their would-be victim worked for Customs and Border Protection, as he was not in uniform, authorities said.
As Aybar-Berro turned his moped around for a quick getaway, Mora Nunez crept along rocks before pulling out his gun and pointing it at the officer’s head, prosecutors said.
The agent pulled out his own firearm — and Mora Nunez then fired off a shot, Bragg said.
The officer — who was shot in the face and hand and wrist — shot back and struck Mora Nunez in the thigh and groin.
Mora Nunez was arrested at a Bronx hospital after being unceremoniously dumped outside it by Aybar-Berro, who himself was nabbed the next day, prosecutors said.
The CBP officer, who has not been publicly identified, remains in a hospital recovering, officials said.
Adams touted collaboration between the NYPD, federal law enforcement and Manhattan prosecutors.
“A small number of people are repeat criminal offenders and carry out dangerous acts, so we want to thank this office for bringing this indictment and bringing these criminals to justice,” he said. “They are dangerous, they did not care who they were harming on our streets.”
Hizzoner then made a hasty exit before he faced any thorny questions on immigration policy or sanctuary cities.
Ricky J. Patel, special agent in charge for Homeland Security Investigations, which helped in the probe, said Mora Nunez and Aybar-Berro — who were being held in federal custody — shouldn’t have been in the US.
The pair had both illegally crossed the southern border, but were released ahead of immigration hearings. They also were arrested several times by the NYPD, but let free.
“If they were deported or not allowed to be in this country, this tragedy would never have happened,” Patel said.
