One of the men accused in the beating of an off-duty NYPD officer from White Plains was arraigned Monday.

Edwin Rivera, 25, of the Bronx, is charged with gang assault in the January 28 beating of Officer Eric Hernandez at a Bronx White Castle. After the attack, Hernandez pulled a gun on a man in the White Castle parking lot and was shot by Officer Alfredo Toro, of Orange County. Hernandez later died from his injuries.

Rivera's lawyer says his client doesn't have a violent history. He claims all Rivera did was raise his fists in an attempt to defend himself. However, the Bronx district attorney says that Rivera threw the first punch, which set off the brawl. Rivera is being held on $50,000 bail. He is due back in court on May 5.

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