Justice Not Served

Local 100 Recording Secretary LaTonya Crisp-Sauray expresses her "deep sadness" at the unfairness of today's court hearing to Daily News reporter Pete Donohue
Local 100 Recording Secretary LaTonya Crisp-Sauray expresses her "deep sadness" at the unfairness of today's court hearing to Daily News reporter Pete Donohue

On July 16, 2012, Bus Operator Jose Rondon was attacked while discharging passengers on his Bx10 Bus at 231st Street and Broadway just after noon. One year and one week later, his assailant, Fernando Lopez, 30, received five years’ probation at the hands of Bronx County Supreme Court Judge John Carter. Union members, who had expected jail time for Lopez, reacted with disgust. Lopez came into court with his mother, leaning on a crutch because of injuries received in a recent auto accident.

OA Division 1 Chair Frank Austin, who thought that ADA Tim Lynch would be able to convince Judge Carter to hit Lopez with substantial jail time, left court immediately after the judge handed down the sentence, not stopping to talk to Lynch or even look at him. The ADA was out-lawyered by Lopez’s defense counsel, who said that a plea deal offered earlier to her client should stand. Lynch brought up Lopez’s recent arrest on a larceny charge as well as the fact that Jose Rondon was in a “specially protected class,” – MTA employees on duty and in uniform – to no avail.

It was not disputed that, one year ago, Lopez beat Rondon, breaking his nose and giving him two black eyes. Why he did it was at issue. In a videotaped confession, Lopez said he “felt threatened” by Rondon before he attacked him because he was suffering from schizophrenia at the time. Whether he was on drugs at the time of the assault – and thus responsible for his own mental state – was unclear. But it was established that Lopez smoked PCP and went into drug treatment at a later date.

Lopez’s defense counsel said her client’s clean record prior to the assault should count in his favor, as well as the fact that treatment for drug use has left him clean and symptom free a year after the attack. Judge Carter bought what she was selling, setting five years’ probation and cautioning Lopez that should he stray out of line, not show up for any work assignment, or test positive for drugs, he would throw the book at him. It was small consolation for the Bus Operators in the courtroom, who wanted to see the MTA’s signs and decals warning of jail time borne out, especially in a clear-cut case such as this one.