Nancy Toh, an 83-year-old grandmother, was attacked at approximately 7:30 p.m. on Tuesday, March 9 while collecting cans and bottles to recycle outside Nordstrom at the Westchester Mall in White Plains, police said.
She was allegedly approached by Glenmore Nehmbhard, who spat on her and punched her in the face. Authorities say Nehmbhard is homeless.
Nembhard, age 40, was arrested and charged with assault with intent to cause physical injury to a person 65 years of age or older and remanded to the Westchester County Jail.
This week, Westchester County District Attorney Mimi Rocah announced that an investigation into the incident “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,” she said. “As justice requires, we are dismissing all charges against this individual.”
The attack remains under investigation. Rocah said that anyone with information regarding the assault has been asked to contact her office by calling (914) 995-TIPS.
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