GRAND JURY INDICTS BRONX MAN FOR ALLEGEDLY ASSAULTING
TWO POLICE OFFICERS WHO WERE INVESTIGATING A REPORT OF A STOLEN
LUXURY CAR

Bronx District Attorney Robert T. Johnson announced today that a grand jury has indicted
Rafael Then, 22, on assault and other charges for allegedly causing injuries to New York City
police officers who were investigating a report of a stolen luxury car.

The grand jury indicted Then on charges of Assault in the 1st degree, Assault on a Police
Officer, Assault in the 2nd degree, Criminal Possession of a Weapon in the 2nd degree, Criminal
Possession of a Weapon in the 3rd degree, Reckless Endangerment in the 1st degree, Reckless
Endangerment in the 2nd degree, and Resisting Arrest.

Then, of 1680 Clay Avenue, is facing a maximum sentence of up to 25 years
imprisonment if convicted of the most serious Class B felony offense of Assault in the 1st
degree.

The incident that resulted in the filing of these charges occurred on October 27, 2006 near
the intersection of Clay Avenue and East 173rd Street. Sgt. Edward Warren, Police Officer
Fannie Ortiz, and Police Officer Samuel Castro were on routine patrol looking for stolen
vehicles. The check of a license plate indicated that a parked 2003 model Lexus had been
reported stolen from an automobile dealership in Queens. The officers waited for the driver to
return to the car. Sgt. Warren approached on the driver’s side while Officers Ortiz and Castro
approached on the passenger side. The defendant allegedly ignored repeated orders to turn off
the ignition and get out of the vehicle and instead attempted to drive away in reverse. Officer
Castro, who had reached inside the car from the front passenger side in an effort to shut off the
ignition, noticed a gun tucked in the defendant’s waistband and grabbed his arm when he
allegedly reached for the weapon. The vehicle continued moving backwards and slammed
Officer Ortiz into a metal stanchion. As Officer Castro continued struggling to disarm the
defendant, Sgt. Warren, believing that his partner’s life was in danger, shot into the moving car
striking the defendant once in the face.

Officer Castro was treated for lacerations to his face and head, and soreness in his back
and knee. Officer Ortiz underwent surgery for multiple fractures. Then underwent surgery for
facial wounds.

Then remains hospitalized and is scheduled to be arraigned on the indictment on
Wednesday, December 6, 2006 in State Supreme Court, Part A.

The case is being prosecuted by Assistant District Attorney Stuart Levy, Deputy Chief of
the Rackets Bureau and Assistant District Attorney Omer Wiczyk.