‘It’s craziness’: Man accused of derailing train was previously released without bail after damaging bus

A man accused of attempting to derail a New York City subway train was released without bail in a prior case despite having an open warrant for failing to appear in court.

Demetrius Harvard was arrested and arraigned on Sept. 5 after he struck a bus with a metal street barricade. He was charged with misdemeanor criminal mischief and granted supervised release. Prosecutors did not ask for bail.

At the time of his arrest, he had an open warrant for failing to appear in court in a March case in which he threatened employees at a mobile phone store with a metal pipe and threw a trash can at the store’s sign, according to the New York Post. The judge released him without bail in that case despite prosecutors requesting a $1,000 bail.


On Sunday morning, Harvard allegedly threw construction debris onto the subway tracks, injuring passengers and causing train delays. The debris caused the train to derail. Hundreds of feet of electrified railing were damaged or destroyed, and three passengers sustained minor injuries.

“It’s craziness! This guy was arrested for this kind of thing weeks ago. He should have stayed inside. He is dangerous to society,” said Prymnauth Persaud, whose wife was injured in the derailment.

New York City’s bail reform laws went into effect in January, allowing suspects for nonviolent offenses to be released from jail without paying bail. In March, 482 people who were arrested and released re-offended. The suspects were responsible for 299 “major” felonies after their releases.

Bail reform was partially rolled back in July, and judges now have the discretion to set bail in felony cases in certain circumstances. Judges can now set bail for crimes of sex trafficking, supporting terrorism, and possession of a weapon on school grounds.

Harvard is being held in a New York City jail. His bond was set at $150,000.

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