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The Brooklyn District Attorney’s Office has decided not to pursue charges against Ian Bascombe, a 58-year-old MTA bus driver, following a violent altercation aboard a Brooklyn bus, Dec. 13. This decision comes in the wake of the recent acquittal of Daniel Penny, a former Marine, in a widely publicized subway choking case that should’ve never been brought to trial, but proved even New York City juries can recognize people have a right to defend themselves. 

Bascombe was initially arrested on charges of assault and weapon possession after stabbing Quentin Branch, 33, in the head and leg during the altercation. Branch, who was taken to the hospital in stable condition, also faces charges of assault and harassment stemming from the incident.

Oren Yaniv, a spokesperson for the Brooklyn DA’s office, confirmed Sunday that Bascombe’s case would not be prosecuted. While the DA’s office did not explicitly cite the Penny case as a factor in its decision, Penny’s acquittal is undoubtedly on the front of the minds of every New York prosecuting attorney. They know if they bring such charges, their case will be far from easily winnable.

The altercation reportedly began when Branch harassed and spat on Bascombe, escalating to physical violence. Video evidence supported Bascombe’s claim of self-defense, according to Transit Workers Union representative JP Patafio.

“This guy was just harassing and haranguing the operator and spitting in the operator’s face,” Patafio told the Gothamist. “When the operator got up, he started punching him and really going after him hard and the operator defended himself.”

Frank Annicaro, senior vice president of the New York City Transit Department of Buses and MTA Bus Company, condemned the violence, stating, “Violence on buses puts New Yorkers at risk and is not acceptable.” Bascombe has been suspended pending an internal review.

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10 COMMENTS

  2. I’m curious as to the race of the not-charged bus driver and the assailant, as to any bias in the DA’s decision not to prosecute the driver…

  3. Wow, I hope that people in NYC eventually get smart enough to toss officials like this out on their head. Spitting on someone is clearly battery and the guy had no intention of stopping.

    It’s funny the bus driver doesn’t seem to have been a protected class in this case. If it were the prosecutor I’m sure there would be no thought of charges and extra charges for the other guy too.

    • The guy who committed the A&B is in deep shit since any attack on NYC MTA (Metropolitan Transportation Authority) employees is now a second-degree felony punishable by 7-years in prison.

      It has been since 2002 and the law was extended and strengthended in 2015 and now in 2022.

      https://www.twulocal100.org/story/transit-assaults-better-strategies-needed

      https://www.twulocal100.org/story/nys-legislature-passes-new-laws-protecting-more-transit-workers-assault

      https://www.nysenate.gov/legislation/laws/PEN/120.05

      https://upload.wikimedia.org/wikipedia/commons/1/16/New_York_subway_sign_assaulting.jpg

      SECTION 120.05
      Assault in the second degree
      Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 120
      § 120.05 Assault in the second degree.

      A person is guilty of assault in the second degree when:

      11. With intent to cause physical injury to a train operator, ticket
      inspector, conductor, signalperson, bus operator, station agent, station
      cleaner, terminal cleaner, station customer assistant, traffic checker;
      person whose official duties include the sale or collection of tickets,
      passes, vouchers, or other revenue payment media for use on a train,
      bus, or ferry the collection or handling of revenues therefrom; a person
      whose official duties include the maintenance, repair, inspection,
      troubleshooting, testing or cleaning of buses or ferries, a transit
      signal system, elevated or underground subway tracks, transit station
      structure, including fare equipment, escalators, elevators and other
      equipment necessary to passenger service, commuter rail tracks or
      stations, train yard, revenue train in passenger service, a ferry
      station, or a train or bus station or terminal; or a supervisor of such
      personnel, employed by any transit or commuter rail agency, authority or
      company, public or private, whose operation is authorized by New York
      state or any of its political subdivisions, a city marshal, a school
      crossing guard appointed pursuant to section two hundred eight-a of the
      general municipal law, a traffic enforcement officer, traffic
      enforcement agent, prosecutor as defined in subdivision thirty-one of
      section 1.20 of the criminal procedure law, sanitation enforcement
      agent, New York city sanitation worker, public health sanitarian, New
      York city public health sanitarian, registered nurse, licensed practical
      nurse, emergency medical service paramedic, or emergency medical service
      technician, he or she causes physical injury to such train operator,
      ticket inspector, conductor, signalperson, bus operator, station agent,
      station cleaner, terminal cleaner, station customer assistant, traffic
      checker; person whose official duties include the sale or collection of
      tickets, passes, vouchers or other revenue payment media for use on a
      train, bus, or ferry or the collection or handling of revenues
      therefrom; a person whose official duties include the maintenance,
      repair, inspection, troubleshooting, testing or cleaning of buses or
      ferries, a transit signal system, elevated or underground subway tracks,
      transit station structure, including fare equipment, escalators,
      elevators and other equipment necessary to passenger service, commuter
      rail tracks or stations, train yard, revenue train in passenger service,
      a ferry station, or a train or bus station or terminal; or a supervisor
      of such personnel, city marshal, school crossing guard appointed
      pursuant to section two hundred eight-a of the general municipal law,
      traffic enforcement officer, traffic enforcement agent, prosecutor as
      defined in subdivision thirty-one of section 1.20 of the criminal
      procedure law, registered nurse, licensed practical nurse, public health
      sanitarian, New York city public health sanitarian, sanitation
      enforcement agent, New York city sanitation worker, emergency medical
      service paramedic, or emergency medical service technician, while such
      employee is performing an assigned duty on, or directly related to, the
      operation of a train or bus, cleaning of a train or bus station or
      terminal, assisting customers, checking traffic, the sale or collection
      of tickets, passes, vouchers, or other revenue media for use on a train,
      bus, or ferry or maintenance or cleaning of a train, a bus, a ferry, or
      bus station or terminal, signal system, elevated or underground subway
      tracks, transit station structure, including fare equipment, escalators,
      elevators and other equipment necessary to passenger service, commuter
      rail tracks or stations, train yard or revenue train in passenger
      service, a ferry station, or such city marshal, school crossing guard,
      traffic enforcement officer, traffic enforcement agent, prosecutor as
      defined in subdivision thirty-one of section 1.20 of the criminal
      procedure law, registered nurse, licensed practical nurse, public health
      sanitarian, New York city public health sanitarian, sanitation
      enforcement agent, New York city sanitation worker, emergency medical
      service paramedic, or emergency medical service technician is performing
      an assigned duty; or

      Assault in the second degree is a class D felony.

    • FML is right. Where have you been since Giuliani left office?

      Stop voting liberal and maybe you won’t have to be surprised at the things they do.

      • I just meant employers in general, cheaper to let you die or fire you for daring to defend yourself then put any support behind you. With that said even during Giuliani there were issues you just could get them locked up relatively appropriately.

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