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Brooklyn MTA cleaner avoids prosecution, for now, for alleged assault on sleeping man



The Brooklyn district attorney has decided not to pursue charges, at least for now, against an MTA cleaner who was arrested earlier this week for allegedly slashing a sleeping man while on duty — because cops can’t find the victim.

The cleaner, who transit officials say has worked with the MTA for 15 months, was arrested early Monday at the Atlantic Ave.–Barclays Center station after police say he got into an altercation with a 47-year-old man sleeping on a bench on the D train platform, eventually cutting the man’s forehead with a knife.

But sources at the D.A.’s office with knowledge of the case told the Daily News that investigators have been unable to locate the victim, and that video feed from the MTA’s security cameras did not capture the whole incident.

Police have been tasked with locating the victim, a source said, but for now the Brooklyn D.A. is deferring prosecution.

The MTA cleaner faces felony and misdemeanor assault charges, as well as criminal weapon possession.

Sources tell The News that a video recording from the station shows the cleaner pouring some kind of liquid cleaning agent onto the platform, then onto the bench on which the man is sleeping. The video then shows the cleaner pouring some of the liquid onto the sleeping man’s legs.

The man wakes up and confronts the cleaner, sources say, but whatever happens next takes place off-screen.

An MTA spokesperson did not immediately respond to questions from The News as to whether the cleaner was facing any internal investigation or discipline related to the incident.

Alina Ramirez, a spokeswoman for Local 100 of the Transport Workers Union, which represents the cleaner, declined to comment on the allegations, but said the union was looking into the incident.

“The union is conducting a thorough internal review to understand the circumstances surrounding this event,” Ramirez said. “We are committed to ensuring a fair and just process for all parties involved.”

Brooklyn D.A. Eric Gonzalez’s office declined comment on the decision Tuesday.

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