Brooklyn teen accuses MTA clerk of choking her in clash caught on video, expected to sue for $2.5M

[Via Garibaldi 8]

EXCLUSIVE: Brooklyn teen accuses MTA clerk of choking her in clash caught on video, expected to sue for $2.5M

By DAN RIVOLI and CHRISTINA CARREGA| NEW YORK DAILY NEWS |MAY 14, 2018 | 4:00 AM

Video: http://www.nydailynews.com/new-york/brooklyn/teen-accuses-mta-clerk-choking-clash-caught-video-article-1.3988394

An MTA employee is in legal hot water after he was seen in a video that appears to show him manhandling and choking a teen straphanger.

An MTA employee is in legal hot water after he was seen in a video that appears to show him manhandling and choking a teen straphanger.

Token booth clerk Rida Elzeck was arrested and charged with misdemeanor assault, criminal obstruction of breathing, endangering the welfare of a child, menacing and harassment on March 15 after he clashed with a 13-year-old student on her way home from school, officials said.

When a signal breakdown shut down a train she needed to take to get home from school, Anaila Muhammad, of Brooklyn, had to walk a half-mile to another station — where she was accused of fare evasion and allegedly choked by Elzeck before she was detained by police.

Anaila's lawyer says the city and MTA should pay for her suffering, and is expected to file a $2.5 million notice of claim against the clerk, the MTA, the NYPD and the city on Monday.

Anaila, on her way home to Bedford-Stuyvesant from the Summit Academy Charter School in Red Hook, headed to the Smith-Ninth Sts. station.

She'd lost her MetroCard, and her school hadn't yet given her a new one. But Anaila was clearly a student; she was wearing her school uniform, her lawyer said. When she told a token booth clerk about her problem, the clerk opened the gate and let her onto the platform.

Signal problems hung up the G train starting about 4:30 p.m. Straphangers were advised to walk a half-mile to the station at Fourth Ave. and Ninth St. in Park Slope, where they could try their luck with the N or R train.

So Anaila and a friend walked to Fourth Ave. They arrived around 5:30 p.m., and Anaila joined other passengers walking through an emergency gate to the station platform. There, she waited for her friend to arrive.

Around then, Elzeck approached her, according to the girl's mother, Herkema Powell.

"He was cursing at her, calling her a 'retard' for no reason," Powell said.

Anaila Muhammad (r., with her mom Herkema Powell) on her way home from the Summit Academy Charter School in Red Hook when the incident took place. (Gardiner Anderson/for New York Daily News)

Anaila continued to stand in front of the door as she waited for her friend when Elzeck, 60, repeatedly pushed the teen and put his arm around her neck, Powell said.

Anaila had difficulty breathing as Elzeck dragged her by the neck and off the platform, Powell said, citing a version of events that appears in the complaint that is scheduled to be filed.

Three adults confronted him. "The witnesses called the police and told my daughter to wait to give them a statement," said Powell, 34.

When cops arrived, Elzeck accused Anaila of assaulting him — and he went to a nearby hospital to be treated for a bloody nose, his lawyer Jay Schwitzman said.

Anaila was put in a police car and driven to the transit precinct at the Hoyt-Schermerhorn station in downtown Brooklyn.

The 100-pound eighth-grader was handcuffed for three hours while officers questioned her, said the family's lawyer, Scott Rynecki.

Police indicated to Anaila they wanted to charge her with assault, not fare jumping.

"They interrogated her and tried to scare her by getting on the phone in front of her, asking 'How much time for juvenile assault 2 charge?' " said Rynecki.

Anaila, in tears, begged the officers to believe she did not touch Elzeck, her mother said.

Token booth clerk Rida Elzeck (in white shirt) allegedly manhandled the 13-year-old straphanger in a confrontation caught on video. (Obtained by NY Daily News)

When detectives watched the surveillance video of what happened, they let Anaila go.

"I didn't see the video but the detective said after watching it they believed Anaila," her mother said.

If convicted, he faces up to a year in jail.

Sources say Elzeck was suspended from his job, and could be fired.

Elzeck's lawyer says his client is being wrongly treated.

"Mr. Elzeck, a 22-year veteran employee of the MTA, was injured and arrested after he pushed out a fare evader that refused commands to leave through the exit that was used for unlawful entry to the subway," said Schwitzman.

Rynecki said: "The token booth clerk clearly assaulted this young child for no apparent reason and should be punished to the fullest extent of the law."

Police, the MTA and Transport Workers Union Local 100 — Elzeck's union — did not comment.

Source: http://www.nydailynews.com/new-york/brooklyn/teen-accuses-mta-clerk-choking-clash-caught-video-article-1.3988394

 

 

 

 

 

[BreeddekalbL]

Time for Mr Gonzalez(brooklyn DA) to come down hard if he did indeed assault the teens

[Via Garibaldi 8]

50 minutes ago, BreeddekalbL said:

Time for Mr Gonzalez(brooklyn DA) to come down hard if he did indeed assault the teens

It's pretty clear that he DID indeed assault the teen. Just look at the video.  This guy is clearly overzealous and thought that the teen was farebeating.  The problem is the teen is already inside of the gate and had been standing there for a bit until I guess he sees her. Either way, he has no business putting his hands on her.  Call the cops if it's that serious.  Problem is he didn't realize he was being filmed and clearly other people saw what happened and called the cops on him. He thought he could manhandle her because she's a teen and wouldn't say anything.  These people will never learn.  Someone or something is always recording.  Now his lawyer is going to say that he was an "outstanding" employee for 22 years.  

[LGA Link N Train]

Ok, first off. This story makes no sense. 

A teen girl was minding her own business only to be Assulted by an worker, FOR WHAT!?!?! (She didn't do anything)

Anyways, it's time to bring out the Law and Order...

 

....and for the melenials

 

[Via Garibaldi 8]

11 minutes ago, LGA Link N train said:

Ok, first off. This story makes no sense. 

A teen girl was minding her own business only to be Assulted by an worker, FOR WHAT!?!?! (She didn't do anything)

Anyways, it's time to bring out the Law and Order...

 

If you read the entire story, she was a student who lost her Student Metrocard and was awaiting a new one.  When that happens though, the school is supposed to issue a letter or something of the sort so that the student can still ride the bus or subway until they get the new one, otherwise  personnel have no idea what's going on. When our Metrocards were delayed, we'd get a letter from the school and show it when we needed to use the bus or subway to avoid anyone thinking we were farebeating.

From the video though, the  clerk was actively watching the Emergency Exit and trying to ensure that no one was trying to evade the fare.  Given the mess with the subway, obviously lots of people that had already paid were coming to the station.  We're they issued tickets to get in for free, and if so why didn't the girl get one.  The previous clerk had already buzzed her through, so you might as well give her a ticket to get into the next station.

What isn't shown is how the girl got through the turnstiles since she apparently didn't pay nor did she have a Metrocard to do so, but either way, it's clear that she was standing there minding her own business for some time when the clerk suddenly confronts her and becomes aggressive.  You don't put your hands on anybody.  He should've called the cops and let them deal with it.  Now he's caught on camera being the aggressor.  If she had been the aggressor, why would he wait that long to confront her?  22 years on the job or not, he'll likely be canned for such behavior because he's seen as a liability.  $2.5 million versus his salary... It's easy to see which is cheaper. 

[LGA Link N Train]

2 hours ago, Via Garibaldi 8 said:

If you read the entire story, she was a student who lost her Student Metrocard and was awaiting a new one.  When that happens though, the school is supposed to issue a letter or something of the sort so that the student can still ride the bus or subway until they get the new one, otherwise  personnel have no idea what's going on. When our Metrocards were delayed, we'd get a letter from the school and show it when we needed to use the bus or subway to avoid anyone thinking we were farebeating.

From the video though, the  clerk was actively watching the Emergency Exit and trying to ensure that no one was trying to evade the fare.  Given the mess with the subway, obviously lots of people that had already paid were coming to the station.  We're they issued tickets to get in for free, and if so why didn't the girl get one.  The previous clerk had already buzzed her through, so you might as well give her a ticket to get into the next station.

What isn't shown is how the girl got through the turnstiles since she apparently didn't pay nor did she have a Metrocard to do so, but either way, it's clear that she was standing there minding her own business for some time when the clerk suddenly confronts her and becomes aggressive.  You don't put your hands on anybody.  He should've called the cops and let them deal with it.  Now he's caught on camera being the aggressor.  If she had been the aggressor, why would he wait that long to confront her?  22 years on the job or not, he'll likely be canned for such behavior because he's seen as a liability.  $2.5 million versus his salary... It's easy to see which is cheaper. 

I know, I read the whole story. All I did was share my reaction. Thanks for the Recap by the way

[CenSin]

Speaking of MetroCards… Students need to learn to respect those things. Every single day, at the school I worked at, a few people come in to get new ones. Some of the main office staff joked that they should start charging $1 like the MTA does for new cards.

[LGA Link N Train]

1 hour ago, CenSin said:

Speaking of MetroCards… Students need to learn to respect those things. Every single day, at the school I worked at, a few people come in to get new ones. Some of the main office staff joked that they should start charging $1 like the MTA does for new cards.

Ugh, speaking of students, I don't like how some of them just like to Jump Turnstiles and sitting on the platform edge like it's nothing. A couple of months ago was on the heading home from a long day in school. Me, one of my friends, a T/O, and a school car instructor saw a group of teens sitting on the platform edge at 75 Street - Elders Lane, I was DISGUSTED by what I saw. I'm also a teen but I wouldn't go far to the extent of Jumping Turnstiles and sitting on platform edges. 

[WestFarms36]

34 minutes ago, LGA Link N train said:

Ugh, speaking of students, I don't like how some of them just like to Jump Turnstiles and sitting on the platform edge like it's nothing. A couple of months ago was on the heading home from a long day in school. Me, one of my friends, a T/O, and a school car instructor saw a group of teens sitting on the platform edge at 75 Street - Elders Lane, I was DISGUSTED by what I saw. I'm also a teen but I wouldn't go far to the extent of Jumping Turnstiles and sitting on platform edges. 

Usually the School always has 2 Trip student MetroCards in the case a student lost one until a new one arrived. Her school should have given her a 2 trip MetroCard, schools usually have them for trips and reasons such as hers, I actually hold my student MetroCard with my life and Thankfully have never lost it.

[LGA Link N Train]

9 hours ago, WestFarms36 said:

I actually hold my student MetroCard with my life and Thankfully have never lost it.

Same here but one time I thought I lost mine only to realize that it was under my bed

[Lawrence St]

Regarding what happened, MTA really needs to start giving out block tickets or calling other station booth agents when one line has a problem so customers can use another line. It really is getting annoying how I have to argue with the clerk at Bedford Park when the has a problem and I already paid my fare on the .

Now with the clerk, you shouldn't be putting your hands on anyone PERIOD. The only thing you should be touching is money and metrocards, if you see someone fare beating, you call the police and they will handle it. Someone jumping over the style and not paying their fare won't affect your paycheck. 

[Around the Horn]

12 hours ago, WestFarms36 said:

Usually the School always has 2 Trip student MetroCards in the case a student lost one until a new one arrived. Her school should have given her a 2 trip MetroCard, schools usually have them for trips and reasons such as hers, I actually hold my student MetroCard with my life and Thankfully have never lost it.

At least in my school, the MTA almost never actually sent out those cards... The sports teams would get them through the PSAL but other than that, good luck...

[biGC323232]

I  wonder if that employee would have tried that with someone his size or age...

[Jemorie]

8 hours ago, biGC323232 said:

I  wonder if that employee would have tried that with someone his size or age...

His ass would have easily been dusted then.

[Jsunflyguy]

On 5/14/2018 at 8:51 PM, WestFarms36 said:

Usually the School always has 2 Trip student MetroCards in the case a student lost one until a new one arrived. Her school should have given her a 2 trip MetroCard, schools usually have them for trips and reasons such as hers, I actually hold my student MetroCard with my life and Thankfully have never lost it.

Back in HS myself and a few others were entrusted with the Two-fares since we were on the team. The cards the school had (at least the ones I had access to) were for School events outside normal hours and were accounted for. I was also instructed not to hand out more than one to a person so if those rules are accurate then that likely wouldn't have helped since the you'd need one card to go home and one to get back in most cases. 

Clearly he saw a scrawny little girl and decided to a super-hero, anyway I hope this guy gets canned.