Today's Post reveals for the first time that there was a third man in the SUV with the Keith Phoenix and Hakim Scott the night of the attack on the late Jose Sucuzhanay and his brother Romel last December in Bushwick. The paper says that the unnamed man did not participate in the attack and is now under police protection since he will testify against his friends. Brooklyn District Attorney Charles Hynes has unsealed the indictments against the two men charged with second-degree murder, manslaughter and assault—all as hate crimes. Hynes said, "The acts which we charge this morning are no less despicable because the victims Jose and Romel Sucuzhañay were not gay.” The DA says that Romel was putting a jacket around his brother on the cold December night when they were spotted by the pair of Bronx men who then allegedly beat Jose with a bottle and a bat. Both Scott and Phoenix are expected to plead not guilty to the crimes that could land them 78 years to life in prison—the maximum sentence.