A witness “fabricated” seeing another subway rider bust a female straphanger’s lip for calling out his manspreading on a Brooklyn train, his lawyer claimed during an arraignment Sunday — even though video shows the attack’s bloody aftermath.
Derek Smith, 56, was charged with assault, harassment and menacing and ordered held on $5,000 bail in Brooklyn Criminal Court on Sunday after he allegedly punched Sam Saia in the face aboard a Manhattan-bound train Thursday. He did not enter a plea Sunday.
Video shot aboard the train shows the woman bleeding from her mouth. A witness picked out Smith as her assailant during a lineup, according to prosecutor Owen Sucoff.
But Smith’s Legal Aid lawyer, Sarah Siegler, said Sunday that witnesses “fabricated” the attack. She declined further comment leaving court.
Judge Robin Garson granted Saia an order of protection against Smith, who appeared in court wearing all black and dressed in a hoodie, slacks and sneakers.
Smith sat down next to Saia on an N train in Bensonhurst around 7:45 a.m. Thursday, according to cops.
His manspreading was so egregious that Saia was squeezed between the inconsiderate rider and the wall, but when she asked for some space, the rapacious straphanger elbowed her in the ribs and unleashed a foul-mouthed tirade, the victim said.
“When I asked him to give me room, he yelled ‘B–ch, you ain’t nothing! I’ve raped white b–ches like you, f—ing c–t! You ain’t nothing, you f—ing b–ch!’” Saia recalled.
Then he allegedly pummeled her in the face, cops said. Good Samaritan Victor Conde stepped in, grabbing the man’s wrists and ordering him off the train.
Police arrested Smith Saturday after receiving an anonymous tip, Sucoff said.