The Brooklyn District Attorney’s Office has decided not to pursue charges against Ian Bascombe, a 58-year-old MTA bus driver, following a violent altercation aboard a Brooklyn bus, Dec. 13. This decision comes in the wake of the recent acquittal of Daniel Penny, a former Marine, in a widely publicized subway choking case that should’ve never been brought to trial, but proved even New York City juries can recognize people have a right to defend themselves. 

Bascombe was initially arrested on charges of assault and weapon possession after stabbing Quentin Branch, 33, in the head and leg during the altercation. Branch, who was taken to the hospital in stable condition, also faces charges of assault and harassment stemming from the incident.

Oren Yaniv, a spokesperson for the Brooklyn DA’s office, confirmed Sunday that Bascombe’s case would not be prosecuted. While the DA’s office did not explicitly cite the Penny case as a factor in its decision, Penny’s acquittal is undoubtedly on the front of the minds of every New York prosecuting attorney. They know if they bring such charges, their case will be far from easily winnable.

The altercation reportedly began when Branch harassed and spat on Bascombe, escalating to physical violence. Video evidence supported Bascombe’s claim of self-defense, according to Transit Workers Union representative JP Patafio.

“This guy was just harassing and haranguing the operator and spitting in the operator’s face,” Patafio told the Gothamist. “When the operator got up, he started punching him and really going after him hard and the operator defended himself.”

Frank Annicaro, senior vice president of the New York City Transit Department of Buses and MTA Bus Company, condemned the violence, stating, “Violence on buses puts New Yorkers at risk and is not acceptable.” Bascombe has been suspended pending an internal review.