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Subway Mugging Victim Sues Attacker Who Got $4.3 Million Jury Award

December 15, 1993

NEW YORK (AP) _ A subway mugging victim is suing to get the $4.3 million a jury awarded his attacker because a policeman shot and paralyzed him as he tried to flee.

Jerome Sandusky sued Bernard McCummings under the state’s revised ″Son of Sam″ law, Sandusky’s lawyer, Leonard Finz, said Wednesday. The law is aimed at ensuring criminals do not profit from their crimes.

Sandusky was attacked by two men as he entered a subway station in 1984. As the muggers fled, a Transit Police officer shot McCummings in the spine, leaving him paralyzed from the waist down.

McCummings spent more than two years in prison for the attack. He sued, claiming Transit Authority police had used excessive force to apprehend him, and a jury awarded him $4.3 million. Two weeks ago the U.S. Supreme Court let the award stand by refusing to review it.

Finz said he got a temporary restraining order Tuesday to keep McCummings from spending whatever money he has received until Sandusky’s lawsuit is resolved.

The ″Son of Sam″ law was originally passed to prevent serial killer David Berkowitz from profiting from his crimes. The U.S. Supreme Court ruled it an unconstitutional limitation of free speech in 1991. A revised version was passed in 1992.

Sandusky said if he wins his case he will give the money to the Transit Authority to hire more officers for subways.

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