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Man Plans to Sue City After Getting Stabbed During a 28-Hour Crime Spree

By DNAinfo Staff on March 23, 2011 12:53pm

Joseph Lozito was the final stabbing victim of alleged murder Maksim Gelman during a 28-hour slashing spree on Feb. 11 and 12. Lozito plans to sue the city for not intervening quickly enough in the rampage.
Joseph Lozito was the final stabbing victim of alleged murder Maksim Gelman during a 28-hour slashing spree on Feb. 11 and 12. Lozito plans to sue the city for not intervening quickly enough in the rampage.
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AP Photo/Frank Franklin II

By Shayna Jacobs and Gabriela Resto-Montero

DNAinfo Staff

MANHATTAN — A man who helped take down Maksim Gelman on a subway car despite being stabbed repeatedly plans to sue the city for failing to capture the accused killer quickly enough.

Joseph Lozito, 40, was allegedly stabbed by Gelman before he helped tackle the accused murderer, ending a 28-hour crime spree that spurred a citywide manhunt and left four people dead in Brooklyn and four others in the hospital.

Lozito now alleges that the two police officers credited with taking Gelman down in fact locked themselves in with the conductor of the train car and only came to his rescue after they determined that Gelman did not have a gun, according to his lawyer Edmond Chakmakian.

"Joe is out there twisting in the wind getting stabbed six times while they stay behind closed doors," Chakmakian said to DNAinfo.

Chakmakian also claims police let too much time pass after the stabbing before Lozito received medical care.

Lozito, who was on his way to work at Lincoln Center at the time of the attack, feared losing his life while waiting for help.

"I have two kids and I'm not dying here on this train," Chamakian reportedly told police.

Gelman pleaded not guilty to charges of attempted murder for allegedly stabbing Lozito in court earlier this month. He is being tried separately for the Brooklyn murders.

Lozito will file a notice of claim on Friday and plans to sue the MTA, the NYPD, the City of New York and transit police.