Via Garibaldi 8 Posted October 16, 2017 Share #1 Posted October 16, 2017 Special ed teacher busted for hopping subway turnstile on the Upper East Side Trevor Gerard, 29, was arrested for jumping the subway turnstile at the 86th St. station on Lexington Ave., officials said. (GETTY/ISTOCK) BYTHOMAS TRACY NEW YORK DAILY NEWS Saturday, October 14, 2017, 4:21 PM Didn’t he learn anything in school? Cops arrested an off-duty city special ed teacher after he was caught jumping a subway turnstile on the Upper East Side, police said Saturday. Trevor Gerard, 29, was walking into the 86th St. station on Lexington Ave. when cops saw him jump the turnstile about 8 p.m. Friday, officials said. He was charged with theft of service and criminal trespass. Gerard earned $54,000 last year from the Department of Education, according to public records. An email to the Department of Education for comment was not immediately returned. Source: http://www.nydailynews.com/new-york/nyc-crime/special-ed-teacher-busted-turnstile-jump-upper-east-side-article-1.3562865 Link to comment Share on other sites More sharing options...
RailRunRob Posted October 16, 2017 Share #2 Posted October 16, 2017 Is this news nowadays? Write the ticket and move on. Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted October 16, 2017 Author Share #3 Posted October 16, 2017 38 minutes ago, RailRunRob said: Is this news nowadays? Write the ticket and move on. It is to me. I'm curious as to why someone earning $54,000 a year is jumping the turnstile. It would be one thing if it were teens or someone who was broke, but it's a bit odd for someone like this to be doing this. Aside from that, given his position, he's supposed to be a role model... Link to comment Share on other sites More sharing options...
CenSin Posted October 16, 2017 Share #4 Posted October 16, 2017 This guy needs special ed. Link to comment Share on other sites More sharing options...
itmaybeokay Posted October 16, 2017 Share #5 Posted October 16, 2017 15 minutes ago, Via Garibaldi 8 said: It is to me. I'm curious as to why someone earning $54,000 a year is jumping the turnstile. It would be one thing if it were teens or someone who was broke, but it's a bit odd for someone like this to be doing this. Aside from that, given his position, he's supposed to be a role model... I almost feel mean for doing this, but I'm gonna go ahead and quote you from another topic here: https://www.nyctransitforums.com/topic/50326-enhanced-station-initiative/?page=10 On 10/15/2017 at 11:33 AM, Via Garibaldi 8 said: When push comes to shove and the stupid turnstile can't read my unlimited express bus Metrocard, I have just stepped right over or hopped over, so it's not that complicated at all. Link to comment Share on other sites More sharing options...
RailRunRob Posted October 16, 2017 Share #6 Posted October 16, 2017 19 minutes ago, Via Garibaldi 8 said: It is to me. I'm curious as to why someone earning $54,000 a year is jumping the turnstile. It would be one thing if it were teens or someone who was broke, but it's a bit odd for someone like this to be doing this. Aside from that, given his position, he's supposed to be a role model... Things happen perhaps the guys account had a tax lien no money on his cards (Shurgs) Regardless of what he made its It's obvious he didn't have the money at that point. A 10 mile walk to Brooklyn may not have been in the cards. I'm sure at some point or another someone making 100k jumped fare the worlds a complicated place. Sh*t happens. Link to comment Share on other sites More sharing options...
itmaybeokay Posted October 16, 2017 Share #7 Posted October 16, 2017 Jumping the turnstile is illegal and you shouldn't do it - agree. Maybe he was late, needed to refill metrocard, and all the machines were broken - not a legal defense, but an understandable scenario. The question here, to me, is why was he arrested and charged with two counts instead of issued a ticket for a $100 fine? Link to comment Share on other sites More sharing options...
RailRunRob Posted October 16, 2017 Share #8 Posted October 16, 2017 2 minutes ago, itmaybeokay said: I almost feel mean for doing this, but I'm gonna go ahead and quote you from another topic here: https://www.nyctransitforums.com/topic/50326-enhanced-station-initiative/?page=10 Yeah you never know I remember losing my Wallet on my way home from Columbus Circle no metro, no money no cards the only thing that saved me was my Phone and Applepay. That's a 12 mile walk back to Franklin ave I don't know that's a hard one. He should be absolutely accountable ticket would've have sufficed. Why all the dragging through the mud the guys human. Link to comment Share on other sites More sharing options...
Via Garibaldi 8 Posted October 16, 2017 Author Share #9 Posted October 16, 2017 18 minutes ago, itmaybeokay said: I almost feel mean for doing this, but I'm gonna go ahead and quote you from another topic here: https://www.nyctransitforums.com/topic/50326-enhanced-station-initiative/?page=10 Don't feel mean at all. That's only happened a few times in the many years that I've used the subway. It was an entrance where there is no token booth clerk, otherwise what I've done in the past is given the token booth clerk my pass, have them check it to see what the deal is and then buzz me through. Years ago at the Borough Hall station, I had a similar incident and the token booth clerk was such a jerk. She saw that I had an unlimited pass and refused outright to buzz me through saying that the machine showed that I had just used it. Well no sh*t Sherlock. I just went and added money to another card to avoid the conflict, and without her buzzing me, I couldn't get through because they were HEETs and I couldn't afford to wait 18 minutes to attempt to swipe again and have the same problem. The other location I was at you can just hop over, which I did since the machine said that I had used it already, but didn't allow me to go through. I know about the whole not moving to another turnstile when swiping, but if the damn thing can't read the card, well that's what most people do after several swipes. Another reason why we need a new payment system. The swiping problem at turnstiles is especially prolific during the weekends. People with unlimited cards should not be penalized or fined for such nonsense. 15 minutes ago, itmaybeokay said: Jumping the turnstile is illegal and you shouldn't do it - agree. Maybe he was late, needed to refill metrocard, and all the machines were broken - not a legal defense, but an understandable scenario. The question here, to me, is why was he arrested and charged with two counts instead of issued a ticket for a $100 fine? Good question. Seems excessive IMO. If he was a regular Joe it wouldn't have made the news, but him being a worker for the DOE, it's going to make the news. 86th street is actually known for terrible problems with the MVM machines. I've refilled there several times. It doesn't matter when I go there... Weeknights... Weekends... There are usually several machines out of order. Sometimes I even have to walk out of the station and go to the other side of the station to use the machines there. Link to comment Share on other sites More sharing options...
Dave2836 Posted October 16, 2017 Share #10 Posted October 16, 2017 The questions that should be asked are 1) Did the confrontation escalate? 2) Did the tresspasser have proper identification? 3) Did the tresspasser have any outstanding warrants? 4) Why didn't the tresspasser ask for a courtesy from one of the passengers leaving the station? 5) Was the tresspasser seen doing something else besides beating the fare? All I am reading is about a TEACHER ARRESTED BY A POLICE OFFICER AT AN MTA STATION being dragged through the mud by the DAILY NEWS and social media when talks about the CONSTITUTIONAL CONVENTION are in the future. Link to comment Share on other sites More sharing options...
NY1635 Posted October 16, 2017 Share #11 Posted October 16, 2017 51 minutes ago, Via Garibaldi 8 said: It is to me. I'm curious as to why someone earning $54,000 a year is jumping the turnstile. It would be one thing if it were teens or someone who was broke, but it's a bit odd for someone like this to be doing this. Aside from that, given his position, he's supposed to be a role model... It's possible that the teacher was running late to work and didn't have the time to access their metrocard, or buy it before entering the station. He tried to jump the turnstile to enter the subway, but was caught fare beating by a cop because he did it right while they were watching them. Link to comment Share on other sites More sharing options...
Lawrence St Posted October 16, 2017 Share #12 Posted October 16, 2017 4 hours ago, Via Garibaldi 8 said: It is to me. I'm curious as to why someone earning $54,000 a year is jumping the turnstile. It would be one thing if it were teens or someone who was broke, but it's a bit odd for someone like this to be doing this. Aside from that, given his position, he's supposed to be a role model... I can see why. What if your in a rush to get somewhere and the turnstile glitches or your metrocard glitches and dosent allow you to enter the system? The only way is to just jump the turnstyle. It's happened to me numerous amount of times. Link to comment Share on other sites More sharing options...
S78 via Hylan Posted October 16, 2017 Share #13 Posted October 16, 2017 39 minutes ago, Lawrence St said: I can see why. What if your in a rush to get somewhere and the turnstile glitches or your metrocard glitches and dosent allow you to enter the system? The only way is to just jump the turnstyle. It's happened to me numerous amount of times. So you would risk getting arrested while taking money from the system? Link to comment Share on other sites More sharing options...
Lawrence St Posted October 16, 2017 Share #14 Posted October 16, 2017 What do you mean taking money for the system? If you pay your fare and the turnstile dosent work as it's suppose to, your not taking money from the system. Link to comment Share on other sites More sharing options...
RailRunRob Posted October 16, 2017 Share #15 Posted October 16, 2017 42 minutes ago, S78 via Hylan said: So you would risk getting arrested while taking money from the system? Standard protocol is risking a $100 ticket. You get caught you pay a hundred fold more to the system if that's not a deterrent I don't know what what is. Has to be more to it. Link to comment Share on other sites More sharing options...
paulrivera Posted October 16, 2017 Share #16 Posted October 16, 2017 5 hours ago, itmaybeokay said: Jumping the turnstile is illegal and you shouldn't do it - agree. Maybe he was late, needed to refill metrocard, and all the machines were broken - not a legal defense, but an understandable scenario. The question here, to me, is why was he arrested and charged with two counts instead of issued a ticket for a $100 fine? Either A: he had an outstanding warrant or summons, B: he didn’t have ID on him, C: he said something smart to the cop, or D: he refused the summons. Other than the smart comment part, any one of these acts results in an automatic arrest. Saying something smart to the cop is a judgment call in most cases, but you’ll still be risking arrest depending on the officer. Link to comment Share on other sites More sharing options...
N6 Limited Posted October 16, 2017 Share #17 Posted October 16, 2017 I'd have to say that this morning I was tempted to do the same. I left my wallet at home which contains my Unlimited Metrocard. (ie. no "theft" of service) I didn't realize it until I got to the station. I had cash in my pocket, the express train was 1 min away and the MVM was not accepting my singles for a single ride card. I ran to the Token Booth, where the clerk filling out his timesheet or whatever was not interested in helping anyone. I found a crisp $5 bill in my pocket, ran back to the MVM got my single ride card, then the Turnstile didn't work on the first swipe. There were two cops observing the immediate area so of course ducking under was not an option. Missed the train, but a local happened to be 1 min away. I DID however have my cellphone. It was at that moment I thought about the convenience of simply using/tapping my phone to go through the turnstiles. Link to comment Share on other sites More sharing options...
Lawrence St Posted October 17, 2017 Share #18 Posted October 17, 2017 Since when can you use your phone at the turnstyles? Link to comment Share on other sites More sharing options...
Union Tpke Posted October 17, 2017 Share #19 Posted October 17, 2017 8 minutes ago, Lawrence St said: Since when can you use your phone at the turnstyles? You can't. He just said that it would be nice if one could. Link to comment Share on other sites More sharing options...
Deucey Posted October 17, 2017 Share #20 Posted October 17, 2017 16 minutes ago, Lawrence St said: Since when can you use your phone at the turnstyles? Being tested at Bowling Green right now. I saw the reader. Link to comment Share on other sites More sharing options...
Dave2836 Posted October 17, 2017 Share #21 Posted October 17, 2017 6 hours ago, Lawrence St said: What do you mean taking money for the system? If you pay your fare and the turnstile dosent work as it's suppose to, your not taking money from the system. 7 hours ago, Lawrence St said: I can see why. What if your in a rush to get somewhere and the turnstile glitches or your metrocard glitches and dosent allow you to enter the system? The only way is to just jump the turnstyle. It's happened to me numerous amount of times. 11 hours ago, itmaybeokay said: Jumping the turnstile is illegal and you shouldn't do it - agree. Maybe he was late, needed to refill metrocard, and all the machines were broken - not a legal defense, but an understandable scenario. The question here, to me, is why was he arrested and charged with two counts instead of issued a ticket for a $100 fine? http://web.mta.info/nyct/rules/rules.htm Section 1050.4 If the vending machine is broken, if the booth computer is down, if the turnstyle is malfunctioning or took a fare, the rule says in order to legally gain entry into the system the fare MUST be paid. At this point two crimes have been commited, criminal tresspass in the third degree and theft of service. If you classify the station as a building (any structure), the charge upgrades to burglary in the 3rd degree. So you just saw how fast it can escalate from a stern warning, to $100 ticket, to 3 months in jail, to a class d felony. Any lawyers here wish to offer free advice? Link to comment Share on other sites More sharing options...
RailRunRob Posted October 17, 2017 Share #22 Posted October 17, 2017 11 hours ago, Dave2836 said: http://web.mta.info/nyct/rules/rules.htm Section 1050.4 If the vending machine is broken, if the booth computer is down, if the turnstyle is malfunctioning or took a fare, the rule says in order to legally gain entry into the system the fare MUST be paid. At this point two crimes have been commited, criminal tresspass in the third degree and theft of service. If you classify the station as a building (any structure), the charge upgrades to burglary in the 3rd degree. So you just saw how fast it can escalate from a stern warning, to $100 ticket, to 3 months in jail, to a class d felony. Any lawyers here wish to offer free advice? I guess my next question is who gets to create the laws and why? Second who decides what's classified as what? As a building? Is that left to interpretation or perception? Seems IMO the ticket to felony 0-60 is largely based on the perception of the arresting officer. Not sure how I feel about the human element bad morning for officer could be a bad morning for others. Link to comment Share on other sites More sharing options...
Dave2836 Posted October 17, 2017 Share #23 Posted October 17, 2017 3 minutes ago, RailRunRob said: I guess my next question is who gets to create the laws and why? Second who decides what's classified as what? As a building? Is that left to interpretation or perception? Seems IMO the ticket to felony 0-60 is largely based on the perception of the arresting officer. Not sure how I feel about the human element bad morning for officer could be a bad morning for others. http://ypdcrime.com/penal.law/article140.htm The interpretation is ultimately left to the District Attorney's Office and the Judge presiding over the case. Years back, using traffic violations as an example, Police Officers would Issue a ticket with the highest penalty and then let the Courts practice discretion on leveraging those charges, or throwing out the case. Now given the current social environment that has developed over the past decade, especially in Kings County, Police Officers use discretion on leveraging charges, usually in the case of fare beaters, a stern warning or a ticket. I have only witnessed a handful of people arrested per year, and most of them did it to themselves because they threatened the Officer attempting to talk to them. Word of advice, if you get into the similar scenarios and bystanders take out their cell phone cameras, the Police at that point MUST make an example and follow the orders to the letter. So eat the ticket and keep it moving. Link to comment Share on other sites More sharing options...
RailRunRob Posted October 17, 2017 Share #24 Posted October 17, 2017 8 minutes ago, Dave2836 said: http://ypdcrime.com/penal.law/article140.htm The interpretation is ultimately left to the District Attorney's Office and the Judge presiding over the case. Years back, using traffic violations as an example, Police Officers would Issue a ticket with the highest penalty and then let the Courts practice discretion on leveraging those charges, or throwing out the case. Now given the current social environment that has developed over the past decade, especially in Kings County, Police Officers use discretion on leveraging charges, usually in the case of fare beaters, a stern warning or a ticket. I have only witnessed a handful of people arrested per year, and most of them did it to themselves because they threatened the Officer attempting to talk to them. Word of advice, if you get into the similar scenarios and bystanders take out their cell phone cameras, the Police at that point MUST make an example and follow the orders to the letter. So eat the ticket and keep it moving. Sound advice. I would hope anyone here would just take the ticket. Link to comment Share on other sites More sharing options...
bobtehpanda Posted October 17, 2017 Share #25 Posted October 17, 2017 1 hour ago, RailRunRob said: I guess my next question is who gets to create the laws and why? Second who decides what's classified as what? As a building? Is that left to interpretation or perception? Seems IMO the ticket to felony 0-60 is largely based on the perception of the arresting officer. Not sure how I feel about the human element bad morning for officer could be a bad morning for others. You vote for people who make the laws. This is fifth grade civics. We inherited an entire body of English common law going back to at least the Middle Ages, and the American court system built on its own precedence starting in 1776. Strict sentencing is actually very bad, because mandatory minimum sentencing is how we got our prisons full of people that smoked weed once. Link to comment Share on other sites More sharing options...
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