Woman Accused of Hate-Crime Murder in Subway Push

StillFaggyAF · December 2012

http://www.nytimes.com/2012/12/30/nyregion/woman-is-held-in-death-of-man-pushed-onto-subway-tracks-in-queens.html

A 31-year-old woman was arrested on Saturday and charged with second-degree murder as a hate crime in connection with the death of a man who was pushed onto the tracks of an elevated subway station in Queens and crushed by an oncoming train.
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Victor J. Blue for The New York Times
Police personnel patrolling the 40th Street-Lowery Street station on Friday, where a man was pushed in front of a 7 train.
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Suspect in Subway Killing
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The woman, Erika Menendez, selected her victim because she believed him to be a Muslim or a Hindu, according to Richard A. Brown, the Queens district attorney.

“The defendant is accused of committing what is every subway commuter’s nightmare,” Mr. Brown said in an interview. “Being suddenly and senselessly pushed into the path of an oncoming train.”

In a statement released by the district attorney’s office, Mr. Brown quoted Ms. Menendez, “in sum and substance,” as having told the police: “I pushed a Muslim off the train tracks because I hate Hindus and Muslims ever since 2001 when they put down the twin towers I’ve been beating them up.” Ms. Menendez conflated the Muslim and Hindu faiths in her comments to the police and in her target for attack, officials said.

The victim, Sunando Sen, was born in India and, according to a roommate, was raised Hindu.

Mr. Sen “was allegedly shoved from behind and had no chance to defend himself,” Mr. Brown said. “Beyond that, the hateful remarks allegedly made by the defendant and which precipitated the defendant’s actions should never be tolerated by a civilized society.”

Mr. Brown said he had no information on the defendant’s criminal or mental history.

“It will be up to the court to determine if she is fit to stand trial,” he said.

The attack occurred around 8 p.m. on Thursday at the 40th Street-Lowery Street station in Sunnyside.

Mr. Sen, 46, was looking out over the tracks when a woman approached him from behind and shoved him onto the tracks, according to the police. Mr. Sen never saw her, the police said.

The woman fled the station, running down two flights of stairs and down the street.

By the next morning, a brief and grainy black-and-white video of the woman who the police said was behind the attack was being broadcast on news programs.

Patrol officers picked up Ms. Menendez early Saturday after someone who had seen the video on television spotted her on a Brooklyn street and called 911, said Paul J. Browne, the chief spokesman for the Police Department. She was taken to Queens and later placed in lineups, according to detectives. Earlier police reports gave Ms. Menendez’s first name as Erica.

Police Commissioner Raymond W. Kelly said on Friday that, according to witnesses’ accounts, there had been no contact on the subway platform between the attacker and the victim immediately before the fatal shove.

The case was the second this month involving someone being pushed to death in a train station. In the first case, Ki-Suck Han, 58, of Elmhurst, Queens, died under the Q train at the 49th Street and Seventh Avenue station on Dec. 3. Naeem Davis, 30, has been charged with second-degree murder in that case. A lawyer for Mr. Davis said his client had been trying to push Mr. Han away after an altercation.

Ar Suman, one of three roommates who shared a small first-floor apartment with Mr. Sen in Elmhurst, said that Mr. Sen, who after years of saving money, had opened a small copying business this year on the Upper West Side..

“He was a very educated person and quite nice,” Mr. Suman said. “He never had a problem with anyone.”