Saturday, May 7, 2016

Investigation Complete! The Dead Man Was Responsible for His Death!

Yesterday I posted an article from the Daily News with the headline "Police Investigating Death of Straphanger Found Between Subway Cars: NYPD."

Today the News has posted a new article with this quite different headline "Subway-surfing man, 24, dies after hitting head on F train, losing consciousness." I quote the article in full:
"A 24-YEAR-OLD man was killed after hitting his head while “surfing,” possibly atop a train rumbling through Brooklyn early Friday, authorities said.
"James A. Rubio was found unconscious, lying between two cars, by a passenger on a Queens-bound F train at the Jay St./MetroTech station in Downtown Brooklyn about 2:30 a.m., police said.
"Rubio, who lived in Queens, was rushed to Brooklyn Hospital with head trauma, but could not be saved.
"An official for the Metropolitan Transportation Authority said the doomed man hit his head while riding on the outside of a subway car — possibly on top, officials said.
""Rubio hit his head on a low hanging piece of metal as the train entered a tunnel", officials said.
"An autopsy has been scheduled, officials said.
"The MTA has repeatedly warned commuters about the dangers of surfing along the side or on top of subway cars."
Here are my questions and observations:

Did anyone see Mr Rubio climb up to the roof of the car, or is the "he was surfing" explanation a product of the NYPD's Transit Bureau?

What investigation was conducted? Were passengers on the train interviewed? Did anyone look for blood on any obstruction, something a "surfer" may have struck?

It is my impression that "surfing" in the subway is mainly practiced by teenagers who do it in groups. Mr. Rubio, a 24-year-old, was apparently traveling alone.


Subway criminals like to attack during the off hours when there are few witnesses. Mr Rubio was killed at 2:30 am.

If the police file a report claiming he was killed while "surfing" what are the chances that his family could successfully sue the MTA for damages? (How do you spell zero?) As I've already noted, the MTA is quite proud of its record of  rarely paying in suits by survivors of lethal subway "accidents."

I would love to know more about Mr Rubio. Was he employed? Did he have any history of "surfing?"

Added on May 10, 2006:



He was an electrician, per the New York Post.

Deciding to ride on top of a subway car while traveling alone at 2:30 in the morning is just the sort of thing an employed skilled laborer would not do.  





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