A Manhattan judge ordered a second psychiatric evaluation for a defendant accused of attacking an MTA subway cleaner, raising questions about mental health resources and worker safety in the transit system.
Judge Patricia Williams issued the order Monday after defense attorneys argued that their client’s initial psychiatric assessment was incomplete. The defendant faces assault charges stemming from an October incident at the 14th Street-Union Square station where prosecutors say he punched a cleaner who was emptying trash bins on the platform.
The case highlights ongoing concerns about violence against MTA workers, who have reported increasing incidents of harassment and assault over the past two years. Transit officials say cleaners and maintenance staff are particularly vulnerable because they work alone during overnight hours when fewer police are stationed in the system.
“Our members shouldn’t have to worry about their safety while they’re trying to keep the system clean,” said John Ferretti, a spokesperson for Transport Workers Union Local 100, which represents MTA cleaners. “This is exactly why we’ve been pushing for better security and mental health resources.”
The defendant, whose name has not been released pending the psychiatric evaluation, was initially deemed fit to stand trial after a court-ordered assessment in November. But his attorney, Maria Gonzalez, filed a motion arguing that the evaluation failed to properly assess her client’s history of mental illness.
“My client has been struggling with untreated psychiatric conditions for years,” Gonzalez said outside court Monday. “A more thorough evaluation is necessary to determine his competency and mental state at the time of the alleged incident.”
The October attack occurred around 2:30 a.m. as the cleaner was working the late shift at one of the system’s busiest stations. According to court documents, the defendant approached the worker without provocation and struck him in the face, causing injuries that required medical treatment.
MTA officials say the incident is part of a troubling pattern. Worker assault reports increased 23% in 2025 compared to the previous year, with cleaners and maintenance staff accounting for nearly a third of all incidents. The agency has responded by adding more overnight security and installing panic buttons at cleaning stations.
“Every worker deserves to feel safe on the job,” said MTA spokesperson Amanda Chen. “We’re working closely with law enforcement and our union partners to address these concerns.”
The Union Square station, where the attack occurred, serves multiple subway lines and sees heavy foot traffic even during overnight hours. The station has been the site of several high-profile incidents in recent years, including attacks on passengers and transit workers.
Transit advocates say the case underscores broader issues with mental health services and public safety in the subway system. Many incidents involve individuals with untreated psychiatric conditions who lack access to appropriate care and support services.
“We see this pattern repeatedly,” said Sarah Martinez, executive director of Riders Alliance, a transit advocacy group. “People in crisis encounter workers just trying to do their jobs, and everyone ends up suffering. We need better mental health resources, not just more policing.”
The MTA has been grappling with how to balance security concerns with service to vulnerable populations who rely on the subway system. Agency officials have expanded partnerships with social service organizations and added mental health specialists to some transit hubs, but advocates say more resources are needed.
Court records show the defendant has a history of minor violations in the transit system, including turnstile jumping and disorderly conduct. His attorney says he has been homeless for several years and has struggled to access consistent mental health treatment.
The new psychiatric evaluation is expected to take 30 days to complete. The defendant remains in custody on $50,000 bail, which his family has been unable to post. Judge Williams scheduled the next court appearance for February 28, when the evaluation results will be reviewed.
Prosecutors have indicated they may seek enhanced charges if the evaluation determines the defendant was competent at the time of the attack. Under state law, assault on a transit worker can carry additional penalties designed to protect public employees.
The case has drawn attention from city officials who have been pushing for increased transit security funding. City Council member Jennifer Rodriguez, who chairs the Transportation Committee, called for more comprehensive safety measures for overnight workers.
“These brave men and women keep our system running 24 hours a day,” Rodriguez said in a statement. “The least we can do is make sure they can work without fear of violence.”
MTA cleaners typically work in teams during daytime hours but often work alone overnight when ridership is lighter. Union officials have been advocating for policy changes that would require two-person teams during all shifts, particularly in high-traffic stations like Union Square.
The transport workers union has also pushed for better lighting in work areas, improved emergency communication systems, and more frequent police patrols during overnight hours. Some of these measures have been implemented, but union leaders say progress has been slow.
As news of the case spreads through the transit worker community, many employees say they remain committed to their jobs despite safety concerns. The cleaner who was attacked has returned to work but has requested a different station assignment.
“We take pride in what we do,” said one cleaner who works at the Union Square station and asked not to be named. “But we shouldn’t have to choose between doing our jobs and staying safe.”
The psychiatric evaluation ordered by Judge Williams will determine whether the case proceeds to trial or whether the defendant requires mental health treatment before facing charges. Mental health experts say such evaluations typically examine both the defendant’s current mental state and their condition at the time of the alleged crime.
If found competent to stand trial, the defendant could face up to seven years in prison on the assault charges. If deemed incompetent, he would likely be referred for psychiatric treatment until he can participate in legal proceedings.
The case is scheduled to resume in late February when the court will review the evaluation results and determine next steps in the prosecution.
