Manhattan District Attorney Cyrus R. Vance, Jr., today announced the indictment of MAKSIM GELMAN, 23, in connection with his attack of a man in a subway train on February 12, 2011. GELMAN is charged with Attempted Murder in the Second Degree, Assault in the First Degree, and Criminal Possession of a Weapon in the Third Degree.
Today’s indictment accuses GELMAN of attempting to kill Joseph Lozito with a large knife on a northbound No. 3 subway train between West 34th and West 42nd Streets. According to documents filed in court, GELMAN allegedly said to Mr. Lozito “You’re going to die!” before slashing Mr. Lozito with the knife. The victim sustained serious physical injuries to the head, neck, and arm, which required medical treatment.
The attack in Manhattan followed a trail of violence in Brooklyn on the previous day that left four people dead and at least two others injured. The defendant has been charged by the Brooklyn District Attorney’s Office in connection with those offenses.
Assistant District Attorney James Lin is prosecuting the case under the supervision of Assistant District Attorneys Frank Fogarty and Charles Whitt, Deputy Bureau Chiefs of Trial Bureau 60, and William Mahoney, Chief of Trial Bureau 60. The District Attorney’s Office Investigations Bureau provided valuable assistance during this investigation, including Chief Investigator John Bilich and Consultant Robert Mooney. Gregory Garone, Director of Case Management Services, and Trial Preparation Assistant Elizabeth Hamilton also assisted with the investigation.
MAKSIM GELMAN, D.O.B. 5/31/1987
Brooklyn, New York
• Attempted Murder in the Second Degree, a class B felony, one count
• Assault in the First Degree, a class B felony, one count
• Criminal Possession of a Weapon in the Third Degree, a class D felony, five counts
A class B felony is punishable by up to 25 years in prison and a class D felony is punishable by up to 7 years in prison.
The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.