The person charged with shoving a girl onto the subway tracks in Moments Square was performing in self protection, his lawyer claimed at his very first court physical appearance on Saturday.
Carlos Ortiz, 32, is accused of snatching a woman’s belongings at the 42nd Road subway station, then pushing her on to the tracks of the northbound R educate, in accordance to law enforcement.
But Ortiz’s lawyer, Francis White of Legal Help, argued that witnesses who spoke to law enforcement and the media unfairly assumed his shopper to be a “mugger,” or “snatcher.”
“It would seem the persons have a pretty weak situation,” White explained.
“He’s clearly – even by their theory to some degree – a victim, another person who was attacked by female who falls into the subway.”
On Friday close to 1:45 p.m. Ortiz allegedly grabbed a woman’s possessions at the 42nd Avenue subway station then pushed her onto the track for the northbound R educate, in accordance to law enforcement. Bystanders immediately jumped into action, helping her off the tracks again on to the platform and even nabbing Ortiz as he tried using to flee, holding him until finally law enforcement arrived on scene, cops mentioned.
The 36-calendar year-outdated female was transported to Bellevue Clinic with head injuries. Ortiz was arrested and charged with assault on Friday following a witness identified him in a law enforcement lineup, officials said.
Ortiz appeared raveled in courtroom on Saturday, donning a filthy gray sweatshirt.
“We have a condition in this article wherever somebody fell into a subway as part of an altercation so the meant superior Samaritans assumed that the pusher was a mugger and a perpetrator, and designed statements to the police, or to the press, or anyone to that outcome,” White mentioned.
“Assuming that what seemed to take place was my client was accosted by anyone and he was protecting himself,” White added.
Online video evidence of the assault appears to clearly show the sufferer hitting Ortiz times ahead of he pushed her on the tracks, Assistant District Attorney Jacqueline Sudley unveiled.
“This is a major circumstance in which the defendant stands accused of pushing a lady onto the subway tracks soon after an altercation, triggering the lady to be hospitalized with a really serious head personal injury,” Studley said on Saturday.
“There is a online video of the complainant assaulting or making an attempt to assault the defendant in the moments preceding the defendant pushing the complainant onto the subway tracks,” she mentioned. “There is also an eyewitness that mentioned the complainant was putting the defendant prior to the drive.”
White asked that Ortiz be freed on supervised launch, but that ask for was denied by Choose Robert Rosenthal, who established his bail at $5,000 money and $30,000 bond. The prosecution had requested bail be established at $20,000 funds.
“This is a quite robust chance that there will be a horrible miscarriage of justice if bail is established,” White explained. “My shopper is described in newspapers as a homeless man or woman. Naturally he are unable to make bail.”
Ortiz has a single prior misdemeanor cost in New York, according to Studley, with two other misdemeanor convictions in Connecticut, for which he served a person calendar year in jail after providing law enforcement with two separate names. He also had several warrants in 2014 for fees these types of as intense vending and trespassing. Individuals expenses were all dismissed, besides a person the place he manufactured $1 bail.
His following court overall look will be on Thursday, Nov. 18.
New York Gov. Kathy Hochul responded to the alleged assault on Friday, vowing to make the city’s general public transportation program safer.
“I am horrified that a girl was pushed on to the tracks at the Situations Sq. subway station now, and I’m hoping for her whole restoration,” she stated in a tweet Friday. “I’m performing with @MTA and our Town associates to make our transit procedure safer. No one particular should experience the practice or walk the streets in concern.”