10/22/2013 01:27 pm ET

Jason Brown Becomes Ninth Biker Arrested In SUV Assault In NYC


A ninth motorcyclist was arrested in connection to the assault of SUV driver Alexian Lien earlier this month in New York.

ABC reports 40-year-old Jason Brown will be arraigned Tuesday on gang-assault charges.

Brown's arrest follows news that Wojciech Braszczok, the undercover NYPD detective arrested in the assault, will not speak before a grand jury.

“He’s decided he wants the video to speak for itself,” Attorney John Arila told The New York Post. "He never came in contact with Mr. Lien. The video shows he’s always a minimum of 12 feet away."

Braszczok, who was off-duty when the brutal melee took place, was reportedly working on a long-term intelligence project for police.

While Braszczok's defense maintains he did nothing wrong, and that the window he is accused of breaking was in fact already smashed, prosecutors say Braszczkok was indeed an active participant in the assault.

Prosecutors are also pointing to the fact Braszczkok didn't alert his superiors of his involvement in the incident until days later.