CRIME
11/13/2014 11:15 am ET Updated Dec 06, 2017

All Charges Dropped Against Jorge Pena, Man Filmed Slapping Woman In NYC Subway Fight

The man filmed slapping a woman in an early-morning NYC subway brawl has been cleared of all charges.

Jorge Pena, 25, was one of four people arrested after a fight erupted on the F train as it pulled into West 4th Street station around 5 a.m. Saturday morning.

Authorities determined that Pena acted in self defense after an allegedly drunk woman, Danay Howard, hit him with her stiletto, according to Gothamist. Howard was determined to be the aggressor, and is charged with felony assault and disorderly conduct.

In video of the incident, which has more than 4.9 million YouTube views, Howard can be heard verbally antagonizing Pena, making fun of his fur hat and telling him that his jacket "came out in 1990" before ultimately taking a swing at him.

Pena, who is the tall man in the 8-ball jacket, responded with an open-handed slap that sparked a brawl in the train car.

NBC New York reports:

Speaking to reporters Thursday, Pena broke down crying thinking about how other women -- including his girlfriend, mother and baby daughter -- must perceive him.

The 25-year-old said he was bleeding profusely after being attacked with a 6-inch high-heeled shoe and had to defend himself. Otherwise, he says, he would never have hit a woman -- or anyone else.

Pena initially faced misdemeanor assault charges and spent four nights in jail. He was released on $1,000 bail Tuesday, his lawyer, Cary London, told the New York Post. Police confirmed the charges against Pena were dropped, the paper reported.

"This time the system worked," London told the Post. "Thank God for smartphones because the DA’s office was able to have all of the information in front of them at an early stage to show that our client did nothing wrong and acted in self-defense."

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