Man accused of derailing NYC subway was freed without bail for similar incident

The man accused of derailing a Manhattan subway train by tossing metal construction debris on to the tracks on Sunday was released without bail on a prior case, outraging one victim’s husband.

“She is very scared and has a heart problem,” said Plymouth Persaud, 66, whose wife Jasoda Ramchan-Persaud was treated for minor injuries after the subway car veered off the tracks and sideswiped at least 10 beams.

“It’s craziness! This guy was arrested for this kind of thing weeks ago. He should have stayed inside. He is dangerous to society!”

Demetrius Harvard, 30, had allegedly chucked the metal onto the tracks at West 15th Street and Eighth Avenue as an uptown A-train pulled into the station at about 8:20 a.m., according to police.

“This has me so frightened for my wife, on the trains,” Persaud told The Post. “I am worried when she is on the subways now. We are all taking the subway. We all still have to work.”

Harvard was hauled before a Manhattan Criminal Court judge on Sept. 5 and arraigned on one count of misdemeanor criminal mischief for allegedly striking an MTA bus with a metal street barricade, shattering two windows, court records show.

Manhattan prosecutors didn’t ask for bail, and Harvard was granted supervised release — even though he had an open bench warrant for failing to show up to court on a March 1, 2019, case for threatening two Boost store staffers.

He allegedly cursed at the employees while erratically swinging a three-foot-long metal pipe and banging it against the floor, according to a criminal complaint.

After exiting the store, Harvard allegedly picked up a metal trash can and tossed it at the store’s sign, breaking it. He was charged with menacing, criminal mischief, harassment and possession of a weapon.

The judge released him without bail  — despite prosecutors requesting $1,000, court records show.

Under the bail reform rollbacks, Manhattan prosecutors could have lobbied for bail when Harvard was arraigned on the Sept. 5 case — even though the charge by itself isn’t bail-eligible, according to defense lawyer Mark Bederow.

The new provision states that bail can be set if a defendant is arrested for a second class A misdemeanor for damaging property.

“So at least in this case, by not seeking bail, it appears the DA has given the defendant a break,” Bederow said.

Harvard had the two open criminal cases when he sabotaged Sunday’s train — injuring three of the 135 passengers on board and causing massive transit system delays.

He’s awaiting arraignment in Manhattan Criminal Court. The DA’s office didn’t immediately return a request for comment.

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