Man arrested who sexually assaulted sleeping woman on train
Cops arrest man who sexually assaulted a sleeping woman on New York subway train after another passenger recorded attack and put it on YouTube instead of intervening
Carlos Chuva, 43, of Queens, charged with first-degree felony aggravated sexual assault
Chuva is accused of groping Elisa Lopez aboard downtown 4 train October 20, 2012
Attack on Lopez was videotaped by fellow passenger Jasheem Smiley and then shared online
Smiley faced backlash for failing to help Lopez but claimed he was concerned for his own safety
Lopez, an Air National Guardsman and college student, went public about attack in December 2014
Justice for Elisa: more than two years later, police arrested 43-year-old Carlos Chuvo, charging him with aggravated sexual assault of Elisa Lopez
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In October 2012, Elisa Lopez was sexually assaulted while napping on a subway train in New York City, and the entire incident was caught on video and spread online like wildfire.
Late last week, more than two years after the shocking attack, Ms Lopez was finally vindicated when police apprehended her alleged molester, identified as 43-year-old Carlos Chuva.
The Queens resident was arrested last Thursday and charged with first-degree felony aggravated sexual assault.
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According to a criminal complaint cited by Gothamist, the suspect admitted that he was the attacker when officers showed a screen grab from the infamous subway video.
The vile attack took place at around 4am October 20, 2012, aboard a downtown 4 train near Lexington Avenue and 42nd Street in Manhattan.
Elisa Lopez, then a 21-year-old member of the Air National Guard, was on her way downtown to meet her boyfriend after attending a party in The Bronx when she briefly dozed off on the train, instinctively clutching her purse.
Vile attack: On October 20, 2012, Elisa Lopez was sleeping aboard a downtown 4 train when a middle-aged man sat next to her and stuck his hand up her skirt. The entire incident was caught on video
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She woke up moments later to discover a stranger caressing her thigh and face and trying to kiss her.
The terrified straphanger punched the pervert in the face and fled the subway.
She did not realize the extent of the sexual assault she had endured until a work friend sent her the graphic video shot by a fellow passenger aboard the 4 train.
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The grainy cell phone footage recorded by Brooklyn man Jasheem Smiley depicts a middle-aged man dressed in a faded denim jacket and jeans shoving his hand under the sleeping woman's skirt and groping her.
The 18-second clip of the attack quickly went viral, earning Smiley public censure for capturing the assault on his iPhone instead of trying to stop it.
Smiley released another video on his YouTube channel just days later defending his actions that night.
Bystander: Jasheem Smiley faced backlash for capturing the video on his cell phone instead of trying to help Lopez
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‘There were 10 other people on the train that didn't do anything,’ he explained. ‘I was the one that did the most.’
Smiley pointed out that after the groper got off the train, he notified the conductor about what happened and went to the police with the video.
But according to the man, officers became interested in the case only after he uploaded the footage online and it attracted media attention.
The assault witness explained that had he physically intervened, the suspect could have accused him of attacking him without any provocation.
Smiley also claimed he was concerned for his own safety because he did not known if the middle-aged pervert had a gun or a knife or him.
‘God knows I did the best I can,’ he said in the video.
He did mention that he repeatedly tried waking Lopez, but the woman continued sleeping after a night out drinking with friends.
On her part, Elisa Lopez broke her silence about the attack this past December, telling Cosmopolitan that she was in disbelief when she first saw Smiley's footage.
‘I felt sick to my stomach. I was yelling, screaming. I was hysterical,’ she recalled.
Determined to see her abuser behind bars, Lopez released a video of her own explaining the circumstances of the attack and launched a Facebook campaign appealing to fellow users for help in bringing the subway groper to justice.
The bystander effect, or bystander apathy, is a social psychological phenomenon that refers to cases in which individuals do not offer any means of help to a victim when other people are present. The probability of help is inversely related to the number of bystanders. In other words, the greater the number of bystanders, the less likely it is that any one of them will help.