Society

City Says Hero Stabbing Victim Can't Sue NYPD for Negligence After He Fought Off Murderer In Front Of Officers (Video)

| by Dominic Kelly

Joseph Lozito, the man who was brutally stabbed in the face by killer Maksim Gelman, sued the city of New York because, he says, two police officers failed to help him when he was attacked.

Gelman went on a daylong killing spree, fatally stabbing three random people and almost adding Lozito to his tally, but after he told the Lozito, “You’re going to die,” he was taken out and held down by Lozito until police arrived.

Lozito says that officers Terrance Howell and Tamara Taylor were on the train where the attack happened and did nothing to protect him while he struggled to stop the deranged man from killing him.

“Most of my wounds are in the back of my head,” Lozito said. “He got to the back of my head because my left shoulder [was] in his waist.”

Once Lozito had Gelman pinned to the floor, after he'd already been stabbed in the face, Howell reportedly walked over, tapped the injured hero on the shoulder, and said, “You can get up now.”

“By the time he got there, the dirty work was already done,” said Lozito.

Following the incident, Lozito decided to sue the city for negligence because the two officers did nothing to stop the incident or step in while Lozito struggled to keep the killer down.

Unfortunately, Manhattan Supreme Court Justice Margaret Chan threw out the lawsuit, saying that although it was “shocking and horrific,” the law doesn’t allow him to claim negligence against the police.

“Under well-established law, the police are not liable for such incidents,” said city lawyer David Santoro. “That doesn’t detract from the Police Department’s public safety mission, or the fact that New York is the safest big city in America.”

As for Gelman, he was sentenced to 25 years to life in prison for the three murders.