The man who was shot 23 times in a Harlem shootout with police last week was arraigned Monday on charges of criminal possession of a weapon, but is no longer facing a charge of attempted murder.
Angel Alvarez faces two counts of criminal possession of a weapon in the second degree and one count of third-degree criminal possession of a weapon.
Alvarez was shot when police say he and 21-year-old Luis Soto were struggling with a gun at a block party on 144th Street and Lenox Avenue on August 8.
Soto was shot six times and died.
Alvarez was hit 23 times and was released from the hospital two days ago.
Two police officers and three bystanders were also shot. At least one of the officers was hit by friendly fire and was saved by his bulletproof vest.
Police say Alvarez had a 38-caliber gun in his hand, but his lawyer says the gun belonged to Soto.
“He was acting in self defense,” said Alvarez’s attorney Matthew Galuzzo. “He was attacked by Mr. Soto and he wrestled the gun away from him, but he did not shoot at any cops. There was no reason to shoot at any cops.”
Originally police charged Alvarez with attempted murder, but those charges are on hold. Prosecutors say their investigation is still open, but Galuzzo insists the murder charges were dropped because police do not have a strong case.
“If they had the evidence, they would charge him now with the attempted murder,” said Galuzzo. "But they clearly don't have the evidence now. I don't think they are ever going to have it."
Meanwhile, Alvarez's attorney claims his client was assaulted by police after he was shot.
"Kicked him in the face and taunted him saying, ‘you're going to die,’” charged Alvarez’s attorney. “Angel remembers vividly responding, ‘No I'm not going to die.’ Obviously he's been proven correct. He didn't die, remarkably. He's going to get justice for what happened."
The New York City Police Department says police have no evidence of Galuzzo's claim.
Alvarez is still in police custody on a prior gun charge from 2005, and is being held in jail without bail or bond. He is due back in court on August 19th.
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