Bouncer who slapped woman on F train said he'd apologize for smack as prosecutors ruled he acted in self-defense
A subway brawl ignited when he slapped a woman seen physically and verbally assaulting him on video. The case was dismissed Monday in Manhattan Criminal Court
Jorge Pena (c.), with lawyers Joseph Indusi (l.) and Cary London, hold jacket that fellow straphanger ridiculed which ultimately led to subway brawl.
Still, if he saw the woman he accused of verbally and physically assaulting him, he’d say sorry for striking her in return, he told Daily News.
“If see her I’m going to apologize to her because a man should never hit a girl,” said the new dad, who works all kinds of jobs to support his girlfriend and 20-month-old son.
Pena had just finished a 12-hour shift when the woman and her friends attacked him on the F train, he said.
After hurling insults at him, she slapped at him and hit him in the back of the head with her high-heeled shoes, according to a video of the fight that’s since gone viral.
Another woman also jumped on Pena. She beat him with her clutch purse, her criminal complaint says.
Pena plans to sue the city over the bad arrest, the man’s lawyer said Wednesday.
Jorge Pena MrDratliff23/via YouTube Jorge Pena (r.) slaps woman in self defense on subway, igniting brawl.
He was released after prosecutors found he was acting in self-defense, his lawyer, Cary London, said.
The case was officially dismissed Monday in Manhattan Criminal Court after the DA’s office reviewed the tape, which shows Pena getting harassed by the women.
One of them, identified as Danay Howard, 21, in a criminal complaint, can be seen berating Pena, who towered over her.
She also made fun of his jacket, which has a large 8-ball on the back, on the F train.
Two of her friends can be seen laughing and egging on Howard.
Pena, who speaks with a heavy accent, said he didn’t know any of the women. He heard them making fun of other passengers when he got on the train, he said.
He didn’t know why they turned on him.
“I don't talk to you. I don't know you. Just leave me alone. I don't know why you're talking to me,” he said to Howard, when she demanded to know if he and his friend had been whispering about her.
Howard called him a “bum ass n****” and “stupid,” Pena said. She also made fun of his 8-ball coat.
Pena remained silent until Howard moved away. She noticed a man filming her and slapped the camera out of his hands several times, the video shows.
In the video, as Pena tries to walk past her, he is heard calling her a b****.
Howard takes the high-heeled boots she's holding in her hand and clocks him on the back of the head with them, the video shows.
Pena turns around and slaps her hard enough to send her flying back several feet — then her friends and another man jump into the brawl.
One of the women who jumped up to hit him was identified in a criminal complaint as Shanique Campbell, 21. She whacked at Pena with her clutch purse, the complaint said.
Pena was arrested with the two women and another male. Pena had to go to the hospital to get a cut near his ear stitched up and another near his nose, he said.
“I have never been in trouble before. I've never slapped someone,” he said, adding that his arrest experience was horrible.
“I am quiet man ... I respect women. That's why I don't do nothing when she pushed me but when she hit me I had to do something. I had no choice,” he said.
He was thrilled to learn the charges against him were dropped, he said.
His lawyers are still probing all aspects of the litigation, including whether his attacker has some liability.
“She is ultimately the reason he was put in the situation,” said attorney Joseph Indusi, of London Indusi LLP.
“We're currently investigating with an eye toward possible future civil litigation,” he said.
A lawyer for Campbell said his client denied insulting Pena or getting involved in the altercation with him.
"We are working with the DAs office to work out a favorable disposition as soon as possible," said attorney Greg Gomez.
Campbell's been accepted to Onondaga Community College and plans to attend in January, he said.
"She hopes to put this behind her as soon as possible, go to college, move on with her life and put this unfortunate incident behind her," the lawyer added.
Campbell has been charged with misdemeanor assault and disorderly conduct.
Howard was charged with felony assault and disorderly conduct.
Kevin Gil, 21, who was also involved, was charged with misdemeanor assault and disorderly conduct.
Their charges have not been dropped, a spokesman for the Manhattan District Attorney said.
Jorge Pena's charges for slapping a woman on the New York subway were dropped when prosecutors found he'd been acting in self-defense after being taunted over his 8-ball jacket, his attorney says.
