Man arraigned after allegedly firing gun to stop subway robbery in Midtown
MIDTOWN, Manhattan (WABC) -- The man accused of firing gunshots in the Times Square subway station to stop a mugger from robbing a woman was arraigned on Thursday, and his bail was set.
The man charged with trying to rob that passenger was freed immediately without having to post bail.
The judge noted the seriousness of the charges against John Rote, 43, pulling the handgun and firing it - but also his complete lack of criminal history, setting bond at $10,000.
Police say Rote fired his handgun twice inside the 49th Street subway station to scare off a would-be mugger, then tossed the gun into the East River.
Rote was arrested within hours after he was caught on subway surveillance as he fled the station - someone turned him in and he was picked up at his Manhattan workplace on Wednesday.
He was charged with criminal possession of a weapon, criminal possession of a firearm, reckless endangerment and menacing. Police say he saw a homeless man trying to rob a woman and stepped in.
Rote ultimately pulled the gun and fired a couple of warning shots.
The mugging suspect, Matthew Roesch, 49, was arrested at the scene, appearing in front of the same judge on Thursday. Roesch was charged with attempted robbery and was given supervised release.
All of it, the attempted mugging, the gun - are 'wildly unacceptable,' said police and the MTA. It is an example, Mayor Adams says, of what the authorities are up against.
"Listen, this is not a Charles Bronson era with 'Death Wish,'" Adams said, "Let the police do their job - don't think you can do their job without the proper training that comes from law enforcement."
The alleged vigilante's lawyer is asking for low or no bond, noting the handgun was purchased legally more than a dozen years ago if convicted.
Rote faces a minimum of three and a half years in prison.
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