RSS Feed |
|
|
|
|||||
|
Clashed With
Passenger
Didn't Charge Passenger Although it's a felony to assault a Bus Operator, the police who responded to the call refused to accept Ms. Fahie's complaint against the passenger. Instead, they arrested Ms. Fahie. She was charged by the Brooklyn District Attorney's Office, but the misdemeanor claim assault was later dropped. Deirdre Parker, a spokeswoman for NYC Transit, said the agency had sent Ms. Fahie a notice of suspension pending dismissal because it doubted her story. "After an investigation, we find her version of events not credible," said Ms. Parker. "She still has arbitration to go through, however." Ms. Fahie, who has been an NYC Transit employee for six years and had a clean record prior to the incident, blasted the agency for its lack of support. Has Stress Disorder "I've been an employee with them for many years and had no trouble at all," she said. "Then I get attacked, and now they don't want to know me. They haven't tried to help me at all." Ms. Fahie took an Injury on Duty leave immediately after the assault. Her medical records show that NYC Transit's own independent doctor approved her Workers' Compensation claim. She has visited him every month since then and he has continued to approve her leave. Although Ms. Fahie suffered no long-term physical damage from the assault, the doctor diagnosed her with a stress disorder stemming from the incident and subsequent criminal proceedings. Ms. Fahie last month received notice that NYC Transit was controverting her Workers' Compensation claim. Her benefits have been stopped. The agency has alleged that she filed a fraudulent Workers' Compensation claim. Colleagues Chip In Members of Transport Workers' Union Local 100 have taken up a collection to help her financially while her benefits are suspended, said Woodfield Gibson, Local 100's vice chairman of the Jackie Gleason Depot. Mr. Gibson said that NYC Transit waited until the Brooklyn DA's office indicated it would not pursue charges against Ms. Fahie to start its own termination proceedings. The agency has charged her with conduct unbecoming an NYC Transit employee, assisting passenger fare evasion, and assault on a passenger. It was not clear why the fare evasion charge was made. Ms. Fahie adamantly denied all three accusations. According to statements given to police from the 70th Precinct who responded to her calls for help, Ms. Fahie was driving her assigned route on Church Ave. in Brooklyn at approximately 8 a.m. the day of the assault. As she pulled away from one of the bus stops, she claims, a female passenger in the back of the bus began to scream obscenities at her. Wanted Out Immediately The passenger demanded that Ms. Fahie halt the bus and let her off. She accused Ms. Fahie of making her miss her stop. "I was already engaged in traffic at that time and I couldn't just pull the bus over and let her off. It's against transit rules," said Ms. Fahie. She told the woman she would pull over at the next stop and continued driving. Ms. Fahie said the woman grew more irate and came down the walkway toward her, yelling and waving her arms. Ms. Fahie said she asked her to sit down several times, but the woman refused. She said the passenger "was putting her hands in my face while I was trying to drive, and kept poking at my face to get me to look at her. She punched me twice." The passenger repeatedly called her a "black bitch" and other obscenities, Ms. Fahie said. When she started yelling that she had a knife and was going to cut her, Ms. Fahie pulled the bus over. Physical Confrontation As the woman rifled through her handbag, yelling about getting her knife, Ms. Fahie stopped the bus, opened the doors, and struggled to get her seatbelt off. When the woman stepped toward her again, Ms. Fahie stood up and pushed her. The passenger claimed in her police report that Ms. Fahie also punched her three times. The woman fell backward down the steps of the bus, and out the door. Ms. Fahie closed the doors and called 911 to report an assault with a possible weapon. She also radioed to a dispatch operator that she needed help. According to police records, the officers who responded arrested Ms. Fahie because they saw bruises and lacerations on the passenger. They didn't find evidence of assault on Ms. Fahie beyond a slight swelling of her cheek. Police refused to allow Ms. Fahie to file cross-charges. They did not search the victim for a weapon. Michael Collins, the NYPD Assistant Chief of Public Affairs, said that the decision to arrest Ms. Fahie was made based on "numerous witness interviews and a complete investigation conducted by police and detectives." He added that the "DA's decision to file charges validated the arrest that the officers made." But papers submitted by Ms. Fahie's defense team noted that police only interviewed two witnesses at the scene. One of them was a friend of the passenger who had been traveling with her that morning on the bus. Both of them are young women in their twenties. The second witness was a bystander on the street, who saw Ms. Fahie push the passenger and the subsequent fall down the stairs, but none of the events leading up to that moment. Since the passenger insisted on filing charges against Ms. Fahie, the Brooklyn DA was obligated to follow up on the desk appearance ticket the Bus Operator received after her arrest. At the hearing, however, the DA declined to continue with the case and recommended to the judge that it be Adjourned in Contemplation of Dismissal. In six months, providing she does not engage in other altercations, Ms. Fahie's record will be expunged. She still risks losing her job, however, and will likely face a lawsuit filed by the passenger. Mr. Gibson said that Rule 31 of NYC Transit's conduct regulations allows Bus Operators to eject passengers if they feel threatened or believe they are endangering other riders.
Local 100 is preparing to defend Ms. Fahie's actions as
her case proceeds through the disciplinary system. Her arbitration hearing is
expected to begin sometime next month. | |||||
)