Victim of Anti-jewish Gang Assault Commends Manhattan DA Alvin Bragg

NEW YORK (JNS) – The victim of an antisemitic 2021 gang assault in Manhattan says he’s “more than satisfied” with the 5½-year prison sentence doled out to one of his attackers last Wednesday.

Mohammed Othman brutally attacked and pepper-sprayed Joseph Borgen on Broadway near West 49th Street in the Diamond District, as he headed to a pro-Israel rally in the midst of the May 2012 Israel-Gaza war (“Operation Pillar of Defense”).

Othman pleaded guilty this fall to second-degree assault as a hate crime.

Manhattan Criminal Court Judge Felicia Mennin tacked on five years of post-release supervision to Othman’s prison sentence. Prosecutors had recommended five years of incarceration. Othman was the second defendant in the case to receive a sentence from Mennin beyond what prosecutors had called for.

“I think it sends a strong message about what happened,” Borgen told JNS. “Considering what we see going on in the city these days in terms of other incidents and other crimes, I’m more than satisfied with the result we got.”

Borgen was wearing a kippah when Othman and four other men ambushed him while shouting antisemitic slurs. Borgen, who was punched and kicked repeatedly and beaten with a crutch, suffered a concussion, wrist injury and black eye. He said he will require another wrist surgery and deals with lingering physical effects from the incident.

Video evidence showed Othman pepper-spraying Borgen three different times, while also pepper-spraying a bystander who tried to protect Borgen. Othman was also recorded throwing a firework at a Jewish woman from the back of a pickup truck, burning her.

Othman, 26, from Staten Island, had six prior arrests, including on domestic violence charges.

Borgen said he believed the sentence was based on the premeditated nature of the attack and Othman’s repeated participation in it.

“The judge went into great detail about the WhatsApp group that he was in, where they were sending messages leading up to the rally,” said Borgen.

“She mentioned the fact that Othman was the one who shot the firework from that pickup truck. And she went into detail about how he kept coming back to pepper spray me, even though he had three opportunities to retreat and stop attacking,” he added.

Three others involved in the attack on Borgen have been sentenced. Waseem Awawdeh, who beat Borgen with a crutch, pleaded guilty to attempted assault as a hate crime and received 18 months in jail.

In November, Mahmoud Musa received seven years in prison for his role in the attack, when he maced, kicked, punched and beat Borgen with crutches. The sentence was six months beyond the recommendation of the prosecutor.

Criminal proceedings are ongoing against a 14-year-old whose name is being withheld due to his status as a minor.

An initial uproar against Manhattan District Attorney Alvin Bragg for offering light sentences in plea deals, the protests and the attention they brought appeared to have pressured Bragg to reverse course. The sentences in the Borgen case represent rare instances of meaningful prison time for antisemitic attacks in New York.

A 2022 study by Americans Against Antisemitism revealed that among all anti-Jewish bias crimes in New York City since 2018, there was only one case in which a suspect was convicted of a hate crime and sentenced to a significant prison term.

Borgen told JNS, “Throughout the entire process, the ADA [assistant district attorney] who I was dealing with—we had a direct line. We could call one another to share information, and there was always an open line of dialogue.

“While initially it wasn’t smooth sailing, I have to commend the efforts of the DA’s office, because at the end of the day, we did get strong results in these cases.”

Borgen said he doesn’t like seeing anyone go to prison, including his attackers. But it is necessary to protect others.

“The alternative is that I don’t pursue justice, I don’t seek accountability. And it potentially motivates other individuals in the future to engage in the same behavior,” said Borgen. “I was never motivated by revenge or vengefulness.”