By Joy Bergmann

The Manhattan grand jury has indicted Darrell Johnson on two counts of second-degree assault, a class D felony, for allegedly committing two seemingly random, unprovoked attacks against two women near 79th and Broadway on the morning of December 2nd. Johnson, 28, also faces the two counts of third-degree assault, a class A misdemeanor, he was originally charged with and arraigned on December 3rd. 

The new charges reflect the severity of the injuries suffered by the victims, a law enforcement source confirmed to WSR. The first victim, a 50-year-old woman, had several teeth broken and suffered a deep cut running from her lip to the right side of her face, requiring plastic surgery. The second victim, a 32-year-old woman, suffered a broken jaw. Both sets of injuries caused redness, swelling and substantial pain, court documents said. 

Johnson has not yet been arraigned on the new felony charges. That was set to happen during a hearing this past Thursday, March 3rd. 

However, Johnson could not appear in court; he has been hospitalized for psychiatric care since December 10th, his defense attorney Kristin McAlpin of New York County Defender Services told Judge Michele Rodney. 

Between December 3rd and December 10th, Johnson had been under a “Tier 2, Level 4” supervised release which required at least five contacts with officials during the first month of release, then two phone check-ins and two in-person visits per month after that.

McAlpin said Johnson’s AOT [assisted outpatient treatment] team brought him to Jacobi Medical Center for an evaluation on December 10th. He was then transferred to Bronx Psychiatric Center where he has remained in inpatient treatment. “Although he is medication compliant, he is not psychiatrically stabilized enough to be discharged at this time,” said McAlpin.

Given the apparent severity of Johnson’s condition, McAlpin then asked Judge Rodney to order a “730 exam.” Rodney granted the order. 

A “730” refers to Criminal Procedure Law §730 which sets forth the method to determine whether a criminal defendant is incapacitated and therefore not able to proceed to trial. To be considered “incapacitated”, Johnson must be found to lack the capacity to understand the proceedings against him or assist in his own defense due to mental illness. 

WSR was unable to reach the assault victims for their reaction and an update on their recoveries.  

We did speak with “Mike”, who witnessed the second attack and helped chase the alleged assailant, leading to Johnson’s arrest just 10 minutes later. 

“This is the way it should be, with him off the streets getting the care he needs,” said Mike, an Upper West Sider who asked us not to use his real name. 

It was clear to Mike that Johnson “wasn’t in his right mind” on December 2nd. “These were unprovoked attacks. He was unhinged,” Mike said, calling the situation “both terrifying and sad.” 

When Johnson appeared before Judge Robert Rosenthal for his December 3rd arraignment, his psychiatric status was not mentioned, according to a transcript of those brief proceedings obtained by WSR. Neither his attorney, nor prosecutors, nor a representative from CASES Supervised Release, nor Johnson himself brought up anything related to his mental health or housing status. 

Instead, much of the December 3rd discussion focused on procedural issues related to a prior assault case brought against Johnson. 

On August 3, 2020, inside Harlem Hospital, Johnson allegedly struck a man with a closed fist, knocking him to the ground, and then proceeded to kick and stomp on the victim’s head and body, court documents say. 

Police in that incident charged Johnson with third-degree assault, a class A misdemeanor, and issued him a DAT – desk appearance ticket – to be arraigned a few weeks later. However, Johnson did not appear for his arraignment on at least six separate occasions, and a warrant for his arrest was issued, according to public records. He was only arraigned on the Harlem charges when he appeared in criminal court for the Upper West Side assaults. 

“He never appeared?” Judge Rosenthal asked McAlpin, Johnson’s defense attorney.

“My understanding was that, yeah, he never appeared for arraignment,” replied McAlpin, according to the transcript.

The Assistant District Attorney on duty that day, Damyre Benjamin, requested supervised release for Johnson before stating, “The defendant has three failures to appear, two felony convictions, including one violent felony, two misdemeanor convictions, one open felony, including one violent felony, two open misdemeanor cases, and one on an adjournment in contemplation of dismissal status,” according to the transcript.

Under current New York State law, most defendants facing Class A misdemeanor charges are to be released prior to trial, with very few exceptions. As section 510.10 states, unless a judge determines, based on evidence, that a defendant poses a flight risk, they must release him on his own recognizance. If a judge does determine a defendant poses a risk of not returning to court, the judge must select “the least restrictive alternative or conditions that will reasonably assure” that he does.  ADA Benjamin noted during the December 3rd proceeding that “supervised release is the least restrictive means,” to assure Johnson’s return; Judge Rosenthal granted it.

A New York judge may not consider a defendant’s “potential dangerousness” when making a decision on whether to set bail for a defendant, as has been true since 1971. 

It appears that Johnson might have been eligible to receive bail in the Upper West Side assaults, if Johnson had been formally arraigned in the prior Harlem assault case. Section 510.10.4(t) of the statute allows a judge some bail discretion on serious misdemeanors involving harm to identifiable people or property when the acts were committed while a defendant is out on release for a pending case of a similar nature. 

No detailed discussion around bail eligibility took place on December 3rd, according to the transcript. There was also no verbal testimony relating the nature of the violence inflicted on the victims, nor the extent of their injuries. 

This is not unusual during arraignments at the main Criminal Courts building at 100 Centre Street. Judges and attorneys assigned there move through multiple cases in a given hour. And their decisions are only as good as the information they are provided with at that moment. 

So, as New Yorkers grapple with how the criminal justice system can be improved, and with how people facing severe mental illness can be appropriately treated, it’s important to remember that each element in each case is often not as simple as we might wish. 

WSR readers who would like to see how actual criminal arraignments work can visit the first-floor courtrooms at 100 Centre Street any day – or night – of the week, 365 days a year. Proceedings are open to the public.