Two Dominican Republic Nationals Sentenced To 180 Months And 151 Months In Prison For Possession Of Ammunition By An Illegal Alien In Connection With The Shooting Of An[...]

United States Attorney for the Southern District of New York, Jamie McDonald, Acting Special Agent in Charge of the New York Field Office of Homeland Security Investigations ("HSI"), Pete Gizas, Director of the New York Field Office of U.S. Customs and Border Protection ("CBP"), Francis J. Russo, and Commissioner of the New York City Police Department ("NYPD"), Jessica S. Tisch, announced today that MIGUEL FRANCISCO MORA NUNEZ and CHRISTHIAN AYBAR-BERROA were sentenced to 180 months and 151 months in prison, respectively, for possession of ammunition as illegal aliens in connection with the shooting of an off-duty U.S. Customs and Border Protection ("CBP") Officer in Manhattan last summer. MORA NUNEZ and AYBAR-BERROA previously pled guilty before U.S. District Judge Loretta A. Preska, who imposed today's sentences.

"Today's sentences reflect our Office's commitment to removing violent criminals from our streets," said U.S. Attorney Jamie McDonald. "Last summer, Mora Nunez and Aybar-Berroa, who were illegally in the United States, attempted to murder a member of the law enforcement community. Their actions shocked our city and caused devastating, lasting harm to the victims of their indiscriminate violence."

"This cold-blooded act of violence nearly cost a heroic officer his life simply because of the defendants' indiscriminate targeting of innocent citizens," said HSI New York Acting Special Agent in Charge Pete Gizas. "The defendants' actions were an affront to every New Yorker who deserves to feel safe, and this sentence serves as a direct message that those who bring this level of danger to our streets will be held fully accountable. Working in lockstep with our law enforcement partners, HSI New York will never back down from investigating and pursuing those whose violence compromises the wellbeing and security of our citizens."

"Today's sentencing brings us another step closer to full justice for our officer and our entire community," said CBP Director of Field Operations Francis J. Russo. "While our brave officer continues his courageous recovery, this resolution sends an unmistakable message that violence against law enforcement will be met with the full weight of the law. We are deeply grateful to the Southern District of New York, Homeland Security Investigations, and the New York City Police Department for their unwavering partnership throughout this process, ensuring that those responsible are held fully accountable for their heinous actions."

According to the charging instruments and statements made in public filings and public court proceedings:

On July 19, 2025, at approximately 11:50 p.m., MORA NUNEZ shot an off-duty CBP Officer in Fort Washington Park in Manhattan. A bullet MORA NUNEZ fired struck the CBP Officer in the face and right arm. The CBP Officer returned fire, hitting MORA NUNEZ twice, before MORA NUNEZ fled on a motorbike driven by AYBAR-BERROA. AYBAR-BERROA later tried to get rid of the clothing he was wearing during the shooting because it was bloody and discussed with a relative of MORA NUNEZ that they needed to get rid of AYBAR-BERROA's bloody clothes.

Both MORA NUNEZ and AYBAR-BERROA entered the United States illegally, are in the United States unlawfully, and are subject to orders of removal from the United States.

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In addition to their prison terms, MORA NUNEZ, 22, and AYBAR-BERROA, 23, each of the Dominican Republic, were both sentenced to three years of supervised release.

Mr. McDonald thanked HSI, CBP, and the NYPD for their assistance in this case.

This case is being handled by the Office's General Crimes Unit. Assistant U.S. Attorneys Mostafa Khairy, Samantha Fry, Meredith Foster, and Christy Slavik are in charge of the prosecution.