Man to sue NYC over stabbing attack

The man who managed to stop an accused killer on a 28-hour stabbing spree that spanned two boroughs is now planning to sue New York City.

Maksim Gelman is charged with killing four people before trying to take Joseph Lozito's life on a Manhattan subway train on Feb. 12. It was first reported that Gelman allegedly stabbed and slashed Lozito several times before Lozito wrestled him to the train floor, at which point Gelman was arrested by two officers just entering the car.

However, Lozito now says a witness on the train told him the uniformed, armed officers watched the struggle from the safety of the motorman's compartment -- entering the car only after Gelman was subdued.

"Mr. Lozito was approached by someone who is a very reliable source and is very close to the investigation, and learned something that shocked and somewhat appalled him, and raised serious questions in his mind about what occurred that morning and what did not have to occur," said Edmond Chakmakian, Lozito's attorney.

Chakmakian has filed a notice of claim with the State Supreme Court in Mineola, a step that would allow Lozito to file a civil complaint in the future.

A city Law Department spokeswoman, Kate O'Brien Ahlers, told Newsday: "We will study the legal papers thoroughly, but suffice it to say that officers can be faced with complex, if not life-and-death choices, every day."

Lozito added, "From what I'm reading I think maybe some of their [the officers'] feelings and what they think about me has changed, and I respect that, but my feelings about the police have not changed, I still have the utmost respect for them."

A husband and father of two, he is still going through physical rehab and fears his career and family will be affected. He added, "I just want to know why, if this could have been prevented why wasn't it?"

With Will Van Sant