Your not going to like this answer, but it is no. Follow with me as this gets a bit complicated. First part is part of a story telling us about Joe Lozito and what happened to him in NY. second part is the reason for the decision. all the way to scotus . Finally there is a You-Tube of Joe talking with Reporter about case. Kinda long at 9:00 Just interesting , but not NECESSARY.
- By KATHIANNE BONIELLO
- Last Updated: 5:56 PM, February 1, 2013
- Posted: 1:03 AM, January 27, 2013
He says he put his life on the line to stop a killer — and claims cops sat back and watched.
But city lawyers are arguing that the police had no legal duty to protect Joseph Lozito, the Long Island dad stabbed seven times trying to subdue madman Maksim Gelman — a courtroom maneuver the subway hero calls “disgraceful.”
A judge is currently deciding whether Lozito,
( She decided and he lost. Second Part of post will Explain )
who sued the city last year for failing to prevent the attack, will get his day in court.
The drug-fueled Gelman had fatally stabbed three people in Brooklyn and killed another with a car during a 28-hour rampage when he entered an uptown No. 3 train on Feb. 12, 2011.
Police officers Terrance Howell and Tamara Taylor were part of a massive NYPD manhunt. They were in the operator’s cab, watching the tracks between Penn Station and 42nd Street for any sign of the fugitive. Lozito was seated next to the cab.
In the official NYPD account and Howell’s own affidavit, Howell heroically tackled and subdued the killer. But Lozito tells a different story.
The 42-year-old mixed-martial-arts fan says he watched Gelman approach the cab window, barking: “Let me in!” Gelman even claimed to be a cop, but a dismissive Howell turned away, he says.
Gelman walked off. A straphanger recognizing Gelman tried to alert the cops, but was also rebuffed. A minute later, Gelman returned and set his sights on the 6-foot-2, 270-pound Lozito.
“You’re going to die,” Gelman announced — then stabbed him in the face.
Lozito leapt from his seat and lunged at the 23-year-old Gelman as the psycho sliced at him.
“Most of my wounds are in the back of my head,” Lozito said. “He got to the back of my head because my left shoulder [was] in his waist.”
In his account, Lozito pinned Gelman to the floor, disarming him. Howell then emerged from the booth, tapping Lozito’s shoulder: “You can get up now,” he said.
“By the time he got there, the dirty work was already done,” Lozito said.
Gelman was convicted in the spree — which left his girlfriend, her mother, his stepfather and a pedestrian dead, and five others injured.
Lozito says a grand-jury member later told him Howell admitted on the stand that he hid during the attack because he thought Gelman had a gun.
did we get that part. Cop was afraid because he thought psycho had a gun.
Rest of this story HERE!!
OK, now for the Decision. Chilling.
Joe Lozito, New York City, the Supreme Court, and Martial Law
Amber Harrison March 12, 2013
On February 12, 2011, Joe Lozito was stabbed seven times by serial killer Maksim Gelman and successfully halted Gelman’s killing spree. Two New York City police officers initially watched the scuffle without intervening. Now, the connection between Joe Lozito, New York City, the Supreme Court, and martial law is in the spotlight.
Last year, Joe Lozito filed a civil suit against the New York City Police Department, alleging that the police officers failed to come to his aid. The City of New York countered, saying that the police have no duty to protect citizens, and has filed a motion to dismiss the case.
Supreme Court Says NYPD Not Obligated
Before you join the outraged buzzing going on in social media, you should know that the City of New York is right.
That each person is responsible for his own defense against criminals has long been the law in the United States. The U.S. Supreme Court implied this in 1856, when it decided South v. Maryland, and held that a sheriff did not have a duty to protect an ordinary person, but only had a duty generally to uphold the Law. More recently, in Castle Rock vs. Gonzales, the Court reaffirmed that the government has no duty to protect the average person.
In these cases, and the others like them, the Supreme Court has indirectly upheld and re-affirmed Americans’ private and personal right to keep and to bear arms for self-defense purposes in accordance with recognition of citizens’ inalienable right so protected by the Second Amendment of the U.S. Constitution. For all practical purposes, the Constitution and existing case law implies that Americans are tasked with protecting and defending themselves, as the only duty of law enforcement is to keep the peace by upholding the law.
Will the Police Protect YOU?
Given the rampant speculation that the United States government may be in the process of declaring martial law, the relationship between Joe Lozito, New York City, the Supreme Court, and martial law may push those who have maintained trust in the Federal government finally into “conspiracy mode.” The police have no duty to protect American citizens, and may even now be training in preparation to disarm us.
We cannot reasonably expect to be protected or defended by law enforcement. We can, however, expect police and other law enforcement agencies to “uphold the law.” If suppression of civil liberties becomes the “law,” will you uphold your duty?
So let’s sum this up shall we. Basically as always when seconds count, a cop is always minutes away. And now he just may watch. Do you need anymore reasons to take your own safety into your own hands? Thought not.