A man accused of trying to shove an undercover Asian cop onto subway tracks in Queens has been released without bail on Sunday.
The incident reportedly occurred on the N train platform at 31st Street and 39th Avenue in Dutch Kills around 5:30 p.m. on Saturday.
Ricardo Hernandez, 32, allegedly used anti-Asian slurs against the officer before threatening to beat him up.
“That’s why you people are getting beat up,” police quoted Hernandez as saying, according to the New York Post. “I got nothing to lose.”
He allegedly added, “I will f*** you up! This is my house.”
Hernandez, who has 12 prior arrests, was arrested at the scene and charged with three hate crimes including harassment, aggravated harassment and menacing. He was released without bail, however, due to new rules in the state that exempt attacks that cause no injury from bail.
“My hands are tied because under the new bail rules, I have absolutely no authority or power to set bail on this defendant for this alleged offense,” said Queens Supreme Court Justice Louis Nock. The judge also dismissed a warrant against Hernandez regarding a previous open-container summons.
Hernandez is the third suspect arrested for attacking undercover Asian police officers in New York, according to WABC. The second arrest, Juvian Rodriguez, 35, told an officer to “go back to China before you end up in the (expletive) graveyard” and threatened to stab him in the face on April 9.
Rodriguez was also released due to the new legal measures. He will return to court next month.
“The plain-clothes officers are out there doing their jobs to get the criminal element off the streets. But we hit this roadblock as usual, where we arrest them, charge them, and then in this case — despite a lengthy rap sheet — the suspect is free to roam,” retired NYPD detective Michael Alcazar told the New York Post.
Feature Image Screenshots via WABC
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