One of the attackers convicted in the beating of a Jewish man in Times Square in 2021 caused a ruckus inside a Manhattan courtroom Tuesday, shouting “Free Palestine” as his rowdy supporters accused the judge of being racist at his sentencing hearing.
Tensions flared in Manhattan Supreme Court after Mahmoud Musa, 23, was slapped with seven years in prison for attacking Joseph Borgen, a Jewish man, during a clash between Israel and Palestinian supporters on May 20, 2021, in Midtown.
As Musa was being walked back to a holding cell in handcuffs, he turned to tell his family he loved them — before yelling “Free Palestine” twice, sparking an all-out shouting match in Judge Felicia Mennin’s courtroom.
“You’re racist to judge!” one person shouted at Mennin from the back row.
Court officers had to physically escort Musa’s backers out of the courtroom as Borgen, 31, and his more than 50 supporters, many wearing blue “Justice For Joey” hats, stayed behind for 20 minutes until the other group had left.
During the hearing, Borgen delivered a passionate victim impact statement recalling the day he was attacked and how he saw Musa chasing him with his “fist cocked back” that was “aimed and taking target at me.”
Borgen, who was wearing a yarmulke, was pepper-sprayed by a pack of men as they hurled antisemitic slurs at him while beating him in an attack captured on video that later went viral.
He said he still suffers from post-traumatic stress disorder and wrist pain as a result of the attack, which left him with a concussion and other injuries.
“On that day, [Musa] took it by any means necessary. He wanted to put me out — he wanted to kill me,” Borgen said.
“In my opinion, if the cops did not come, if they did not save my life — I would have died and that was his goal and the goal of that group.”
Musa and another defendant, Mohammed Othman, each pleaded guilty to charges of second-degree assault as a hate crime last month for their roles in the attack.
Prosecutors said that the two men faced between 3½ and 15 years behind bars at their respective sentencing hearings.
Assistant District Attorney Jonathon Junig had asked the court to sentence Musa to 6½ years in prison for the attack — but also because Musa was arrested again while being held at Rikers Island for allegedly touching the breast of a correction officer.
Musa’s defense attorney, Lance Lazzaro, argued that his client was brainwashed from growing up in a family of Palestinians that was “told things that influence their minds,” causing them to “form opinions of other groups that influence their actions.”
Lazzaro also took shots at Manhattan District Attorney Alvin Bragg, whom he accused of grabbing at a “shining moment” when he “all of a sudden” decided to pursue jail sentences instead of probation packages in the case.
“I see people carrying guns in the city of New York and they don’t get 6½-year sentences. They don’t get five-year sentences on a first felony,” Lazzaro barked.
But Junig said the jail sentences were put forth once prosecutors were able to review text messages that showed that the “egregious” attack was planned.
“It became abundantly clear that the defendants went to Times Square on that date to attack Jewish people,” said the prosecutor.
Meanwhile, Musa whined about how other defendants in the case got off lightly — and said he only went to Times Square to “emotionally support Palestine and spread awareness.”
“No, it wasn’t a hate crime,” Musa said. “It was just a lot going on. This was a hate crime the way it played out, but I didn’t mean it like that.”
Othman is set to be sentenced on Dec. 12, along with another attacker, Mohammed Said Othman, who pleaded guilty to attempted gang assault and is expected to get three years in prison.
Another defendant, Faisal Elezzi, was promised a sentence of three years of probation in exchange for pleading guilty to third-degree assault as a hate crime — but the judge slapped him with a 60-day prison sentence last month after he was arrested for selling pot illegally.
Waseem Awawdeh — who said in a jail cell he would “do it again,” according to prosecutors — received an 18-month sentence in June after he pleaded guilty to second-degree attempted assault as a hate crime and criminal possession of a weapon.
Borgen had previously criticized prosecutors for giving Awawdeh a plea deal that let him off with 18 months, but said Tuesday that he looks forward to moving on.
“I’m relieved that it’s over,” Borgen said outside court. “I think it sends a clear message that Jewish blood, for that matter, hate crimes in all sense of that word, are not going to be treated lightly in New York City and there’s consequences for your actions.”
In a statement, Bragg said Musa “was held accountable for his role in repeatedly assaulting a Jewish man and will serve seven years in prison.”
“Mr. Borgen continues to suffer from significant trauma and pain from this incident,” the district attorney said. “No one should have to endure the type of vicious, hate-driven attack he experienced, and I hope he continues to heal and recover.”
