A homeless guy jailed Saturday on rates of shoving a girl to the tracks at the Instances Square subway station may well have been justified in pushing her, the suspect’s law firm said in court docket.
Proof in the situation reviewed at a hearing appears to back again the suspect’s story.
Carlos Ortiz, 32, is accused of assault with intent to injure and reckless endangerment for the incident Friday, just after which a group of straphangers grabbed him on the R coach platform and rescued the girl from the tracks.
At arraignment Saturday in Manhattan Felony Court docket, Ortiz’s bail was set at $5,000 money or $30,000 bond.
The 36-12 months-previous victim advised police that she knew Ortiz, who had confronted her and groped her at an earlier day, police resources with awareness of the case said. It was not quickly disclosed when that attack took location.
About 1:45 p.m. Friday, the lady noticed Ortiz at the Situations Square station and confronted him, chasing him to the northbound platform when Ortiz turned and shoved her on to the tracks just as a practice was approaching, officers claimed.
The motorman managed to prevent the educate in time and a handful of witnesses aided the female climb back again onto the subway system, grabbing Ortiz and keeping him until finally law enforcement arrived.
Ortiz explained to police he shoved the woman following she confronted him, mentioned Manhattan Assistant DA Jacqueline Studley.
In court, Studley quoted Ortiz’s terms to cops: “She was hitting me, so I pushed her. I’m not wounded.”
“There is a video of the complainant [the woman] assaulting or trying to assault the defendant in the moments previous the defendant pushing the complainant onto the subway tracks,” Studley mentioned.
“There is also an eyewitness that mentioned the complainant was placing the defendant prior to the push.”
Ortiz’s lawyer, Francis White of the Legal Help Culture, stated prosecutors will have a tricky time demonstrating that Ortiz’s shove was not justified.
“We have a condition below in which anyone fell into the subway as component of the altercation, and so the meant fantastic Samaritans assumed that the pusher was a mugger and a perpetrator,” White mentioned.
“It appears to be that what actually occurred is that my customer [Ortiz] was accosted by another person and he tried to defend himself,” White claimed. “Turns out he was in fact confronted — assuming he’s the pusher.”
“It seriously would seem like the individuals are going to have a hard time disproving justification,” the lawyer went on.
The girl, a Queens resident, was handled at Bellevue Healthcare facility for insignificant injuries.
“My consumer is explained in the newspapers as a homeless human being — obviously he simply cannot make bail,” said White.
Even by prosecutors’ theory, the attorney reported, Ortiz is “to some degree a victim.”