A Venezuelan immigrant with two outstanding theft cases was arrested again for snatching a woman's necklace during a vicious sidewalk robbery, only to be quickly released by a Manhattan judge afterward, The Washington Post has learned.
Brian Castillos, 22, was arrested last Friday for a robbery in Hell's Kitchen, allegedly in cahoots with Alexander Ayala, a repeat immigrant man accused of assaulting two police officers at a Manhattan shelter.
According to authorities, Castillos and Ayala, 24, attacked a woman walking on 11th Avenue near 49th Street around 3:30 p.m. on August 12, when Castillos hopped on his bicycle onto the sidewalk and stole the woman's necklace and handbag before fleeing.
The woman, who was with her young child, told police she had two credit cards and a cellphone in her purse, according to the criminal complaint.
Castillos was charged with two counts of grand theft, one count of endangering the welfare of a child and one count of misdemeanor theft, none of which are eligible for bail.
He was released by Manhattan Criminal Court Judge Pamela Goldsmith at his arraignment late on Aug. 23 after prosecutors did not object to his release, according to court records.
Police sources said he already has a lengthy criminal record.
According to sources, Castillo pleaded guilty just three months ago to stealing a police officer's body camera in Manhattan on May 21. The case is currently sealed, so it's unclear what sentence he received.
Authorities said Castillos robbed two stores that month, but he was arrested May 13 at the NBA Store on Fifth Avenue in Manhattan after allegedly using a stolen credit card and was charged with possession of stolen property, a fourth-degree felony.
He allegedly tried to steal $299 worth of merchandise from Macy's on Fulton Street in Brooklyn on May 10. He was charged with possession of burglary tools, petty theft and fifth-degree possession of stolen property, all misdemeanors.
In both cases, judges subsequently released him. The two cases remain open.
According to court records, prosecutors agreed to his release after his recent arrest despite his alleged crimes, which appeared to surprise the judge, who reminded prosecutors that Castillos has an open felony case.
“The residents have consented to the defendant's release at this time,” said Manhattan Assistant District Attorney Augustine Boehler.
“I understand,” Goldsmith replied. “Were you aware that the defendant had a prior felony history?”
“Yes, Your Honor,” Judge Boehler replied, “the public is aware that the defendant has attempted a felony.”
Francis White, a lawyer for the Legal Aid Society representing Castillos, agreed and said he assured her his client would “be back in court.”
The judge sternly admonished Castillos that it would be no disrespectful suggestion to return to court for the next hearing on September 17.
“Your Excellency, [district attorney’s office]”They have to be back by September 17th. It's not an option. Even if they feel like it, they have to be back,” Goldsmith said.
Castillo's alleged accomplice in the necklace and wallet snatching incidents was also released without bail.
According to the criminal complaint, the man allegedly tried to use the woman's Amazon credit card later that day at Gourmet 45 deli on Third Avenue and at a T-Mobile store on Lexington Avenue.
Prosecutors asked the court to charge Ayala with two counts of identity theft and one count of possession of stolen property, both non-bailable charges, and to place him on probation.
Manhattan Criminal Court Judge Simeon Hanif set bail for Ayala.
After a scuffle with police at an immigrant shelter at the Roosevelt Hotel in May, prosecutors asked the court to hold Ayala on $20,000 cash, $20,000 insurance and a partially secured bond of $40,000.
Authorities said Ayala was charged with two counts of assault and one count of obstruction for his actions on May 19, including a brazen attempt to steal an officer's hat as a souvenir.
But despite Ayala's criminal history, including a domestic violence charge in December, he and the other defendants were released on probation, officials said.
He is due to appear in court again on Sept. 12 for trial on both charges.
