Man Charged in Subway Attack Denied Psych Evals, Trial Scheduled: Judge

NEW YORK — A man who police say beat a 69-year-old woman unconscious on the subway in 2014 lost his chance for a psychiatric evaluation before trial after refusing multiple exams, a New York City judge said.

Kings County Supreme Court Judge Miriam Cyrulnik ruled Friday that Dhamma L. Etomi, who was charged with attempted murder, assault and related offenses, will move forward to trial without a court-ordered psychiatric exam after he refused at least seven in-person and online evaluations for more than a year.

Etomi, 37, who is currently lodged in the George R. Vierno Center on Rikers Island, is now set to face trial on Nov. 28.

“This case is beyond old,” Cyrulnik said. “The last year and change has been giving him the opportunity to be examined. We’re in a repetitious cycle.”

The decision serves as the latest installment in a case dating back eight years, in which Etomi allegedly beat East New York resident Gladys Castro on the L train in what appeared to be a random attack on May 21, 2014.

Castro screamed for help before she was knocked unconscious, the New York Daily News reported at the time, noting that Etomi unzipped his pants and knelt down in front of the woman’s face. The publication added that doctors placed Castro in a medically induced coma as she suffered bleeding on her brain.

It was not immediately clear if Castro recovered from her injuries.

Etomi pleaded not guilty to the charges in July 2014, according to court documents. Multiple hearings in the case have taken place in previous years, but proceedings have been stalled since 2021 for Etomi to undergo the psychiatric evaluation.

This year, Etomi was ordered for a psychiatric evaluation on March 2, 2022, Cyrulnik said, which he refused to show up for. He was slated for another evaluation on March 28 over video conference, but failed to get dressed or even sign papers to affirm his refusal to appear.

Cyrulnik reminded Etomi on Friday that he was first warned in April, and once again in June, that his chance for a psychiatric evaluation could be thrown out if he kept refusing to be examined. He rejected two evaluations between the first and second warnings, including refusing to appear in a video booth and telling correctional officers to “get away from me,” Cyrulnik said.

The state Department of Corrections couldn’t accommodate another interview in July; Etomi refused other attempts in April, June and August, the judge added, noting that, this time, the state-approved court expert has refused to schedule another evaluation.

Etomi’s attorney, Calvin Simons, argued that his client was not aware of the last video evaluation scheduled for August, and instead recommended scheduling an evaluation in-person.

“We’ve made that attempt previously to no avail,” Cyrulnik said. “I’ve warned him in great detail … more than one time.”

Cyrulnik concluded with a warning to Etomi, noting that his upcoming trial will continue regardless of a refusal to appear.

“If I find you’re staying away [from court] to keep the case from going forward … it will go forward without you,” she said.

A request for comment from Etomi’s attorney was not immediately returned Friday afternoon.