DA Rocah Drops Charges From Assault of 83-Year Old Korean American

On April 27, Westchester DA Mimi Rocah issued the following statement today regarding the ongoing investigation into the March 9 assault of a Korean-American woman in White Plains:

The Westchester District Attorney’s Office is committed to prosecuting anyone who commits hate crimes to the fullest extent of the law. We are also firmly committed to maintaining the integrity of all of our arrests and prosecutions.

In early March, an elderly Korean-American woman was assaulted on a sidewalk in White Plains and a suspect was identified in the case. In the course of our investigation, however, the Assistant District Attorneys handling the case found issues with aspects of the identification that rendered it 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. As justice requires, we are dismissing all charges against this individual.

On March 9, 83-year old grandmother Nancy Toh was assaulted outside of Nortstrom’s in White Plains. White Plains police arrested 40-year-old Glenmore Nembherd, in the attack, allegeing that Toh had been punched in the face and spat on by the assailant. Toh was punched so hard that she hit the ground and blacked out, suffering a possible concussion and injuries to her face and hip.  She reported the crime the following day

 Ms. Toh, a Korean-American, was out collecting bottles and cans for money when she was attacked. Her daughter, Linda Toh said at the time that her family is afraid to go out now, and that her family are Christians and want to forgive Mr. Nembherd.

The case drew national attention because of a large number of cases of violence against Asian-Americans.