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The Subway Slapper Has Charges Dropped Against Him

November 13, 2014  |  Posted by: Giovanni DePhillips
The Subway Slapper Has Charges Dropped Against Him Image courtesy of nypost.com

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According to the Daily News, Prosecutors have dropped all charges against Jorge Pena, the 6-foot-6 bouncer known as the slapper, who was arrested for slapping a woman during a subway melee.

However, the 25-year-old is willing to apologize for the blow — even though it was in self-defense.

“A man is never supposed to hit a girl,” said the part-time bouncer whose unique 8-ball jacket caught the eye of his bullying assailants.

“She put me in a position that I had no choice. She tried to kill me,” he said, of the subway fracas that broke out on the F train around 4:20 a.m. on Saturday and became a viral video sensation on the Internet.

Still, he maintains if he saw the woman he accused of verbally and physically assaulting him, he’d say sorry for striking her in return, he told the Daily News.

“If see her I’m going to apologize to her because a man should never hit a girl,” said the new dad, who works all kinds of jobs to support his girlfriend and 20-month-old son.

Pena, who is from the Dominican Republic, just finished working a 12-hour shift when the woman and her friends attacked him on the F train, he said.

After constantly insulting him, he responded with an insult of his known. The woman then hit him in the back of the head with her high-heeled shoes, according to a video of the fight that’s since gone viral.

Another woman also jumped on Pena. She beat him with her clutch purse, her criminal complaint says.

Pena is planning to sue the city over the arrest, the man’s lawyer said Wednesday.

He was released after prosecutors deemed he was acting in self-defense, his lawyer, Cary London, said.

The case was dismissed Monday in Manhattan Criminal Court after the DA’s office reviewed the tape, which shows Pena getting harassed by the women.

The woman was identified as Danay Howard, 21, in the criminal complaint She can be seen insulting Pena, who clearly towered over her.

The video shows Howard poking fun of his 8-ball jacket, on the F train.

Two of her friends can be seen laughing and egging on Howard.

Pena said he didn’t know any of the women. He heard them berating other passengers when he got on the train, he said.

He didn’t know why they turned their attention to him.

“I don’t talk to you. I don’t know you. Just leave me alone. I don’t know why you’re talking to me,” he said to Howard, when she accused him and his friend had been whispering about her.

Howard started calling him a “bum ass n****” and “stupid,” Pena said. She also poked fun of his 8-ball coat.

Pena did not respond until Howard moved away. She turned and noticed a man filming her and slapped the camera out of his hands several times, the video shows.

The video shows Pena trying to walk past her and is heard calling her a b****.

Howard, then turns and hits him on the back of the head, the video shows.

Then Pena turns around and delivers the slap that had many actually cheering on social media, hitting her hard enough to send her flying several feet. Her friends, including another man jump into the brawl.

One of the women who jumped up to hit him was identified as Shanique Campbell, 21, hit Pena with her clutch purse, according to the complaint.

Pena was arrested with the two women and another male. Pena went to the hospital to get treatment for minor injuries, he said.

“I have never been in trouble before. I’ve never slapped someone,” he said, adding that his arrest experience was horrible.

“I am quiet man … I respect women. That’s why I don’t do nothing when she pushed me but when she hit me I had to do something. I had no choice,” he said.

Pena was happy to learn the charges were dropped, his lawyers are still probing all aspects of the litigation, including whether his attacker has some liability.

A lawyer for Campbell said his client denied insulting Pena or getting involved in the altercation with him.

“We are working with the DAs office to work out a favorable disposition as soon as possible,” said attorney Greg Gomez.

He said that Campbell, who is expected to attend Onondaga Community College in January, “hopes to put this behind her as soon as possible, go to college and move on.

Campbell is facing misdemeanor assault and disorderly conduct charges.

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