D.A. Bragg Announces Indictment of Gary Cabana for Stabbing Two MoMA Employees

January 5, 2023

Manhattan District Attorney Alvin Bragg today announced the indictment of GARY CABANA, 60, for stabbing two Museum of Modern Art (“MoMA”) employees on March 12, 2022, after his membership was revoked. CABANA is charged in a New York State Supreme Court indictment with two counts each of Attempted Murder in the Second Degree, Attempted Assault in the First Degree, and Assault in the Second Degree.[1]

“As alleged, Gary Cabana brutally stabbed two employees of this historic cultural institution simply because he was banned from entering,” said D.A. Bragg. “Everyone deserves to be safe in their workplace, and we will not tolerate violence against hardworking New Yorkers.”

According to court documents and statements made on the record in court, CABANA was a member of and frequent visitor to MoMA until his membership was revoked after a series of verbal altercations with patrons and employees. When CABANA returned to the museum on March 12, 2022, security guards informed him that he was officially banned from entering the museum. CABANA returned later that afternoon, jumped over the ticket counter, and stabbed two employees multiple times in the back, neck, and torso.
CABANA then fled to Philadelphia, Pennsylvania, where he was arrested on arson charges after setting his hotel room on fire. He was extradited to Manhattan after pleading guilty in that matter.
Assistant D.A. Matthew McCarthy is handling the prosecution of this case under the supervision of Assistant D.A.s Shira Arnow and Stuart Silberg (Deputy Chiefs of Trial Bureau 30) and Erin Tierney (Chief of Trial Bureau 30), and Executive Assistant D.A. Lisa DelPizzo.
Defendant Information:
New York, NY

  • Attempted Murder in the Second Degree, a class B felony, two counts
  • Attempted Assault in the First Degree, a class C felony, two counts
  • Assault in the Second Degree, a class D felony, two counts

[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.