Five of the six suspects charged in beating an off-duty NYPD officer from White Plains appeared in a Bronx court Thursday.

Six men were caught on surveillance video beating Officer Eric Hernandez in a White Castle in the Bronx on January 28. Hernandez stumbled out into the parking lot and drew his weapon on a man he thought was his attacker and was shot by Officer Alfred Toro in a tragic case of mistaken identity. Hernandez later died from his injuries.

The suspects claim Hernandez was the aggressor, however, the prosecutors say the men were looking for a brawl. All the suspects are charged with gang assault and were expected to be arraigned Thursday but prosecutors asked for an adjournment. A grand jury will continue to investigate what role each of these men played and depending on that outcome more charges could follow. All six suspects are due back in Bronx Criminal Court next month.

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