Man Accused of Killing Ex Sues NYC Subway

Cops say he tried to kill himself, but he blames MTA
By Jenn Gidman,  Newser Staff
Posted Jan 22, 2016 12:38 PM CST

A man who was hit by a NYC subway train last October and lost both feet is suing the New York City Transit Authority—which may sound reasonable, except for the fact that prosecutors say he threw himself on the tracks in a suicide bid after stabbing a New Jersey teacher to death. Arthur Lomando is asking for $50 million for his injuries after an A train at the 168th Street station slammed into him, just hours after police say he killed Suzanne Bardzell in the driveway of her Midland Park home with a machete-like knife, the Record reports. "The official explanation by prosecutors is that Arthur Lomando threw himself in front of a train," his lawyer, Andrew Plasse, wrote in an email to the Record. "This is highly prejudicial to his criminal case [and] creates the impression that the only explanation for the subway incident is his guilt."

Per Plasse's statements and legal papers, other explanations for how Lomando may have ended up on the tracks include being "jostled" by people in an "overcrowded" station, slipping on a slick substance, or "falling debris," notes the Record. Lomando, who says he also suffered a skull fracture and memory loss, maintains the train operator should have been able to stop before he hit him, per the New York Daily News. Meanwhile, CBS New York reported at the time that Lomando and Bardzell, a special-ed teacher with two teenage sons, had dated for about three years, but that she took out a protective order against him citing domestic violence, according to prosecutors. Lomando, an ex-cop, also has a history of lawsuits: He filed one against the NYPD in 2014 asking to be reinstated after his 2004 firing, per CBS News. (More New Jersey stories.)

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