This week, the Westchester County District Attorney’s Office dropped charges against Glenmore Nembhard, saying there was simply not enough evidence to indict him.
Nembhard, 40, is a homeless individual with a violent history, according to News12.
On March 9, he allegedly spat on Nancy Toh’s face, punched her nose and knocked her unconscious. Toh was collecting cans and bottles for money at the time of the incident, at around 7:30 p.m. outside of Nordstrom at the Westchester Mall.
A bystander found her covered in blood and came to her aid.
“Bleeding lots from the brain. Looks like pumping out,” Toh told ABC7 News reporter CeFaan Kim of her injuries.
Toh waited for a day before filing a police report. She also refused medical assistance, saying she could not afford the bills.
Detectives searched the area for evidence, interviewed witnesses and reviewed surveillance cameras, before finding Nembhard two days after the incident, according to White Plains Police Chief Joe Castelli.
Nembhard was charged with felony assault for intending to cause injury to a person 65 or older.
He reportedly admitted to being angry for several days at the time of his arrest.
However, the Westchester County District Attorney’s Office has determined that the evidence is lacking. Aspects of Nembhard’s identification, it said, would be inadmissible and unusable in court.
“We have now determined that available evidence beyond the inadmissible identification is not sufficient to establish beyond a reasonable doubt that the suspect originally arrested committed the assault as charged,” District Attorney Mimi Rocah said in a statement on Tuesday, according to The Examiner News. “As justice requires, we are dismissing all charges against this individual.”
While Nembhard’s charges have been dropped, the attack against Toh will remain under investigation, Rocah said.
The District Attorney, together with County Executive George Latimer, also launched a campaign that offers immediate assistance for victims of hate incidents. The campaign “includes social media graphics available in English, Korean, Mandarin, Japanese and Spanish,” which give instructions and contact information for victims.
The county’s Human Rights Commission has incorporated a webpage that victims can use to report these incidents either anonymously or with contact information. The DA office also has a new 24-hour multilingual hotline open to the public to report these crimes as well.
Anyone with information is urged to call the DA’s office hotline at 914-995-TIPS and select the option for hate crimes.
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