ALBANY, N.Y. (NEWS10) – The three young women charged in the January attack on a CDTA bus have been indicted, according to the Albany County District Attorney’s office.
Investigators, however, said they were the actual aggressors. On Monday, a grand jury indicted Ariel Agudio, Asha Burwell and Alexis Briggs, all 20, on charges of Assault and Falsely Reporting an Incident.
According to the indictment, Agudio, of Huntington, N.Y., tried to cause physical injury to a 19-year-old man by striking him repeatedly. The indictment also alleges that she also tried to assault two other female passengers aged 18 and 20.
Burwell was indicted on one count of Assault in the Third Degree and four counts of Falsely Reporting an Incident in the Third Degree.
In addition, Briggs, of Elmira Heights, N.Y., was indicted on one count of Assault in the Third Degree and two counts of Falsely Reporting an Incident in the Third Degree.
Their charges are all misdemeanors, which is unusual for county court. Criminal defense attorney Lee Kindlon said the indictment makes the case more serious.
“Now with the indictment, that means all negotiations have fallen through and now these young women, if they’re convicted of these charges, are facing up to two years in jail,” he said.
All three young women rejected a plea deal in April that would have demanded an apology. Agudio’s attorney, Mark Mishler, called the proposal unfair and unacceptable to this client.
NEWS10 ABC spoke with Mishler by phone on Monday. He issued the following statement:
“We continue to believe that the actions of the district attorney’s office in this case are unprecedented and unwarranted. We fully expect that Miss Agudio will be cleared of all of the criminal allegations made against her and ask the public to keep an open mind.”
Attorneys for Burwell and Briggs could not be reached for comment.
Agudio, Burwell, and Briggs are scheduled to be arraigned Wednesday in Albany County Court.