Exclusive | Venezuelan migrant accused of several thefts released without bail -- again -- after vicious NYC sidewalk robbery

Oct 14, 2024

A Venezuelan migrant with two open theft cases was arrested again for snatching a woman’s necklace off her body during a vicious sidewalk robbery — and then quickly cut loose by a Manhattan judge, The Post has learned.

Brian Castillos, 22, was arrested last Friday for the heist in Hell’s Kitchen, which he allegedly committed with another migrant man, Alexander Ayala, a repeat offender also accused of beating up two cops at a Manhattan shelter.

Authorities said Castillos and Ayala, 24, converged on the woman as she walked down 11th Avenue near 49th Street at about 3:30 p.m. Aug. 12, with Castillos riding a bike up on the sidewalk and grabbing her necklace and purse before riding away.

The woman — who had a young child with her — told cops that her purse had two credit cards and a cellphone in it, according to the criminal complaint.

Castillos was hit with two counts of grand larceny, one count of endangering the welfare of a child and petit larceny, none of which are bail-eligible charges.

He was cut loose at his arraignment later on Aug. 23 by Manhattan Criminal Court Judge Pamela Goldsmith, after prosecutors in District Attorney Alvin Bragg’s office did not object to his release, court records show.

He already has a lengthy rap sheet, police sources said.

Just three months ago, Castillos pleaded guilty to stealing a cop’s body camera in Manhattan on May 21, sources said. It’s unclear what sentence he received, as the case is now sealed.

That same month, authorities said, Castillos robbed two stores.

On May 10, he allegedly tried to steal $299 in goods from a Macy’s on Fulton Street in Brooklyn. He was charged with possession of burglar’s tools, petit larceny and criminal possession of stolen property in the fifth degree, all misdemeanors.

He was also arrested in June for allegedly using a stolen credit card at the NBA store on Fifth Avenue in Manhattan on May 13, and was charged with criminal possession of stolen property in the fourth degree, a felony.

Both times, judges cut him loose afterward. Those two cases are still open.

Despite his alleged crimes, prosecutors consented to his release after his most recent arrest — which seemed to shock the judge, who reminded them that Castillos had an open felony case, according to a transcript of the hearing.

“The people are consenting to the defendant’s release at this time,” said Manhattan Assistant District Attorney Augustin Baler.

“All right,” Goldsmith answered. “Were you aware the defendant has an open felony?”

“Yes, your honor,” Baler replied. “The people are aware the defendant has an open felony.”

Francis White, the Legal Aid Society attorney representing Castillos, similarly agreed — and said his client had assured him that “he will come back to court.”

The judge sharply reminded Castillos that returning to court for his next hearing Sept. 17 was not a polite suggestion.

“Sir, you’re released on your own recognizance on consent of the [district attorney’s office],” Goldsmith said. “You have to be back on Sept. 17, that’s not an option, not if you feel like it — you must come back.”

Castillo’s alleged accomplice in the necklace- and purse-snatching was also released without bail.

He allegedly tried to use the woman’s Amazon credit card later that day at Gourmet 45, a deli on Third Avenue, and a T-Mobile store on Lexington Avenue, according to a complaint.

Prosecutors hit Ayala with two counts of third-degree identity theft and one count of criminal possession of stolen property, also non-bail-eligible charges, and asked the court to let him go on supervised release.

Manhattan Criminal Court Judge Simiyon Haniff let Ayala walk on his own recognizance.

Back in May, prosecutors asked the courts to hold Ayala on $20,000 cash, $20,000 insurance bond and $40,000 partially secured surety bond after the brawl with the cops, which happened at the Roosevelt Hotel migrant shelter.

Ayala had been charged with two counts of assault and one count of obstruction for his actions May 19, which allegedly included brazenly trying to snatch one of the cop’s hats as a souvenir, authorities said.

But he and the other defendants were instead let go on supervised release — despite Ayala’s previous criminal record, which included a December domestic violence charge, sources said.

He is set to return to court Sept. 12 to face both sets of charges.