A New York City man who was branded a shoplifter and migrant while roughed up by members of the Guardian Angels on live television last month has announced his intent to file a civil lawsuit against the anti-crime organization.
“I’m not afraid anymore,” Marco Piña, 22, said at a press conference Tuesday, according to The New York Daily News. His first public comments followed him giving an interview with the Manhattan District Attorney’s Office for possible criminal charges, according to Pix11 News.
Piña said he migrated to the U.S. from Mexico as a toddler 20 years ago and has only ever known New York City as his home. He has also “never broken the law,” he added, contrary to what was allegedly said against him by the group’s founder, Curtis Sliwa, on national television.
Sliwa was giving an interview with Fox News about the city’s rising crime and migrants on Feb. 6 when he accused Piña ― who he characterized as “one of the migrant guys” ― of shoplifting.
“They’ve taken over,” Sliwa told host Sean Hannity. “The Guardian Angels spotted him, stopped him, he resisted, and let’s just say we gave him a little pain compliance. His mother, back in Venezuela, felt the vibrations. He is sucking concrete. The cops scraped him off the asphalt. He’s on his way to jail.”
Piña, in his press conference Tuesday, said he was initially fearful about speaking out against Sliwa because of his immigration status under Deferred Action for Childhood Arrivals (DACA), which allows certain migrants who came to the U.S. as children the chance to request deferred action against deportation. Felony or significant misdemeanor convictions can revoke the process under DACA’s guidelines.
“I’m a nobody in this city. Curtis Sliwa is famous. I was intimidated and scared since I’m only protected by DACA, a temporary permit for immigrants like myself that arrived here as babies,” he said.
Video capturing the incident doesn’t show what happened before the scuffle between Piña and the Guardian Angels, and Sliwa’s organization has accused Piña and two individuals with him of being the first to get physical.
The trio was “pushing and shoving” the crew filming Sliwa’s interview and ignored repeated requests to stay back. Eventually, a female member of the Guardian Angels was assaulted, the group said.
“Piña proceeded to aggressively strike and shove one of our Guardian Angels, Kimberly, hitting her with both of his hands on her breasts,” the group said in a statement to HuffPost on Wednesday. “Our Guardian Angel is a sexual assault survivor, a mother of Mexican descent, and a practicing Muslim who felt profiled as a target based on her gender and wearing of a hijab.”
Once the other members saw what was happening, they physically restrained Piña until police arrived, the organization said, while sharing a video of the female Guardian Angel recounting the incident.
Piña’s attorney did not immediately respond to HuffPost’s request for comment on the assault allegations, or his pending lawsuit.
A police spokesperson confirmed to NBC News shortly after the incident that Piña had been accused of repeatedly attempting to interfere and disrupt the live television interview, but there was no evidence of shoplifting. He was issued a summons as officers saw him “acting in a loud, disorderly threatening manner” on the sidewalk.
A representative for the DA’s office told HuffPost Wednesday that its investigation is ongoing and there are no updates at this time.
“We intend to pursue justice to the fullest extent of the law,” Piña’s attorney, Patricia Lynch, told Pix11 News. “We appreciate the DA’s office, that they are investigating this, and that they are going after the people that should be gone after.”