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Charges Dropped Against Man Who Slapped Woman in Subway Brawl

By Danielle Tcholakian | November 12, 2014 5:15pm
Wild Fracas Ensues After Straphanger Slaps Woman
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YouTube/MrDratliff23

GREENWICH VILLAGE — Charges were dropped against the 8-ball jacket-wearing man who slapped a woman after she attacked him last weekend on the F train, the district attorney and the man's lawyer said.

A video of the brawl filmed by a passenger shows two young women taunting Jorge Pena, 25, about his 8-ball jacket. After one of the women hit Pena in the back of his head with her shoe, Pena slapped her, causing a large fight to break out, the video shows.

A spokesman for the Manhattan District Attorney's office said charges against Pena were dismissed because he acted in self-defense.

"It’s nice that justice was done swiftly and promptly and that the case was dismissed," said one of Pena's attorneys, Joseph Indusi of London Indusi LLP. "The system worked in this case."

 Jorge Pena, center, wearing his 8-ball jacket, with his lawyers, Cary London and Joseph Indusi of London Indusi LLP at a press conference on Nov. 13.
Jorge Pena, center, wearing his 8-ball jacket, with his lawyers, Cary London and Joseph Indusi of London Indusi LLP at a press conference on Nov. 13.
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Courtesy of London Indusi LLP

Indusi said he believes the cellphone video of the fight helped prove Pena was simply defending himself.

"The unfortunate part is, our client sat in jail," Indusi said. Pena's bail was set at $1,000, and he spent four nights in jail. Indusi suggested it was unfair that the woman shown hitting Pena with her Steve Madden stiletto boot, 21-year-old Danay Howard, was released without bail, while Pena was held.

The DA's office is still pursuing charges against Howard and two others: Kevin Gil, 21, who is accused of hitting someone in the face several times; and Shanique Howard, 20, who is accused of hitting Pena with her clutch handbag.