Suspect arrested in rape of 73-year-old birdwatcher in New York's Central Park

NBC 4 New York

Central Park rape suspect David Mitchell spits at reporters as he walks to the police car after his arrest.

Updated at 7:31 p.m. ET: Police arrested a suspect Thursday in connection with the violent sexual assault of a 73-year-old birdwatcher in Central Park, New York Police Department spokesman Paul Browne said.

The suspect, David Albert Mitchell, 42, was identified by the victim in a lineup at the Special Victims Unit on Thursday afternoon, NBCNewYork.com reported. He was charged with predatory sexual assault, rape, criminal sex act, robbery and assault.


Mitchell said nothing as he walked out of central booking in Manhattan to a police car, only spitting at reporters as he walked past them.

It wasn't immediately known if he had an attorney.

Mitchell was picked up near the park at 77th Street and Amsterdam Avenue by three rookie police officers patrolling the area at about 7:20 p.m., hours after Wednesday's attack, Browne said.

Police initially held Mitchell on a charge of threatening a man inside Central Park on Aug. 20 as they waited to see if the woman could identify him as her attacker in Wednesday's incident.

Read more news from NBCNewYork.com

The victim in the Aug. 20 incident, a man, told police the suspect threatened him with a large knife inside the park. When police released photos of the suspect while searching for him Wednesday, the male victim recognized him as the man who threatened him several weeks ago.

Mitchell was charged with menacing in connection with the Aug. 20 incident.

Detectives requested a warrant for Mitchell's DNA as well as a warrant to view images on a digital camera memory chip they found on him. He has an extensive criminal record in Virginia and was released in March 2011 after spending about seven years in state prison on a kidnapping charge. He was acquitted of murder and sex assault charges in a separate case in 1989.

It's not clear how long Mitchell has been in New York City. He has no arrests in the city and appears to be homeless, authorities said.

View more videos at: http://nbcnewyork.com.

The bird-watching victim in Wednesday's attack told police she had seen her attacker before, and believed he assaulted her near Strawberry Field's Wednesday morning because he was angry she photographed him exposing himself in a more isolated area of the park a week earlier.

The woman told investigators the man asked, "Do you remember me?" before attacking her about 11 a.m. near the park's tranquil Strawberry Fields that serves as a memorial to John Lennon, Police Commissioner Raymond Kelly said at an earlier news conference.

She said he demanded she delete the image before they went their separate ways. Police said that initial encounter was not reported.

On Wednesday, investigators spoke to Eric Ozawa, a college professor and fellow birdwatcher who had called 911, while other officers and detectives swarmed the scene in search of the suspect.

Ozawa, 34, told reporters he was in the park about 11:30 a.m. when he noticed a pair of legs sticking out along the path but thought it was somebody sleeping. As Ozawa got closer, he realized it was a woman lying face down. Her face was badly swollen, she had a black eye and was covered in mulch, he said.

Seth Wenig / AP

Police officers talk near the scene of the alleged rape of a 73-year-old birdwatcher in a heavily wooded section of Central Park in New York, Wednesday.

Still, she appeared "self-possessed and lucid," he said.

Daylight attack 'shocking'
The woman told Ozawa she had been mugged and raped, he said. He immediately called the police.

"It's shocking that it could happen in the park in broad daylight," he said. "That someone could rape somebody in her 70s."

Police blocked off much of the area near West 72nd Street and Central Park West as they hunted for a suspect described as a man in his 40s.

Complete US News coverage on NBCNews.com

NYPD via AP

This image taken from surveillance video and provided by the New York City Police Department on Wednesday shows a man believed to have mugged and sexually assaulted a 73-year-old woman in New York's Central Park.

Emily Loubaton, 29, of Brooklyn was in the park on a scavenger hunt that her company had organized.

"I think this is pretty disgusting, and so shocking it would happen on such a beautiful day in such a beautiful park," she said.

Asked if she felt less safe in Central Park, she said: "I'd like to believe that New York City has turned the corner for the better. I mean, this isn't the '70s. But it definitely makes you pause before you walk in."

Strawberry Fields was named after one of the Beatles' best-known songs, "Strawberry Fields Forever." It was officially dedicated in 1985, five years after Mark David Chapman fired five shots outside the Dakota apartment house on Dec. 8, 1980, killing Lennon.

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This is just absolutely disgusting. Can't even enjoy leisure time outside in a park without wondering who's watching. Simply pathetic.

  • 27 votes
#1 - Thu Sep 13, 2012 4:41 AM EDT

Hopefully when they catch him they cut off his pecker and shove it up his a-hole.

  • 46 votes
#1.1 - Thu Sep 13, 2012 5:12 AM EDT

its amazing how we can get better photos from mars

  • 69 votes
#1.2 - Thu Sep 13, 2012 5:57 AM EDT

nunkut,

I was thinking the same thing. Good way to put it. Seems every time we get a pic of a perp, it's grainy as hell. Lets just hope he's caught. This is something you just don't get over, it's unfortunately something she has to learn to live with.

Scumbag! This is one sick dude. Playing with himself in public pretty much shows his mentality to begin with. You've got to be one lonely & sick ass dude to do such a thing. Unimaginable man. Absolutely unimaginable...

  • 38 votes
#1.3 - Thu Sep 13, 2012 6:43 AM EDT

Hummmmmmmmmmmmmm ...

I think this is pretty disgusting, and so shocking it would happen on such a beautiful day in such a beautiful park," she said.

Rape is disgusting at any time, day or night, anyplace ...

From the photo accompanying the article .. it appears that he is wearing a large backpack .. hardly what one would wear just for a stroll thru the park .. additionally, simply erasing the images on the camera card doesn't mean they are gone .. they can be retrieved.. by a forensic person ... so I suspect his image is already being distributed among law enforcement ..

  • 17 votes
#1.4 - Thu Sep 13, 2012 7:54 AM EDT

I wonder why she was taking pictures of him masterbating? Maybe to turn him over to the police? Note to self; next time i see a man masterbating in the park, dont watch and sure as hell, don't take pictures.

  • 13 votes
#1.5 - Thu Sep 13, 2012 8:10 AM EDT
Comment author avatarhappy2008Expand Comment Comment collapsed by the community

Why did she take a picture of a masturbating man? I don't say that the retaliation should be rape, but by taking the picture she connected with him.

  • 4 votes
#1.6 - Thu Sep 13, 2012 8:13 AM EDT

@happy2008- You're freaking kidding me right? I doubt she was snapping off shots of him to get her jollys arise. She was probably trying to get proof of the creeper.

The only question I have is why didn't she report it immediately the first time?

  • 19 votes
#1.7 - Thu Sep 13, 2012 8:29 AM EDT
Comment author avatarLeave me alone okExpand Comment Comment collapsed by the community

But was this a legitimate rape?? Where is Akins when we need this question answered??

  • 24 votes
#1.8 - Thu Sep 13, 2012 8:33 AM EDT

nunkunt

its amazing how we can get better photos from mars

Or are they all fake?

I've always thought something is quite odd when we take pictures of clear photos of mars and other planets, and all we get are blurry ones from a park on planet Earth.

  • 5 votes
#1.9 - Thu Sep 13, 2012 8:36 AM EDT

Blake,

I was thinking that she was shooting a pic of a bird and he happen to be in the frame. She may not have even noticed until it was too late. He may have seen her pointing the camera in his direction, confronted her, then made her delete it. At that time is when she may have noticed him playing with himself when she was deleting it.

I do agree with the fact that "why didn't she report it in the first place" and the fact that someone posted that forensics can retrieve the photo. Good luck NYPD and get this guy off the streets man!

  • 18 votes
#1.10 - Thu Sep 13, 2012 8:40 AM EDT

Only in New York city...

  • 3 votes
#1.11 - Thu Sep 13, 2012 8:47 AM EDT

Disgusting!!! Probably someone's mother / grandmother/greatgrandmother.... I hope her kids are out searching as well.

GOP/TP's - does this count as a "forcible rape"??

  • 9 votes
#1.12 - Thu Sep 13, 2012 8:54 AM EDT

GOP/TP's - does this count as a "forcible rape"??

Hmmm. "peacenik" yet deliberately trying to turn an argument into something political.

I think a better nic would be "Hypocrite"!

  • 3 votes
#1.13 - Thu Sep 13, 2012 8:58 AM EDT

When he's caught and we really know we have the right guy, just put him down and save us all the hassle and money. Someone who'd do this, can't be "rehabilitated".

  • 13 votes
#1.14 - Thu Sep 13, 2012 9:03 AM EDT

@Creek Dog, I also was thinking the same thing that she just happened to get a pic of him while taking photo's of birds. But they aren't clear about that in the article.

  • 5 votes
#1.15 - Thu Sep 13, 2012 10:14 AM EDT

Most surveillance cameras don't take video. They take individual snapshots at various fps speeds (frames per second) to increase the amount time that can be kept stored.

The images can be sharpened and enhanced on a computer, if necessary.

  • 3 votes
#1.16 - Thu Sep 13, 2012 10:53 AM EDT

willardsetch, after reading the story, im not sure whos side your on.the woman or the wacker?

  • 2 votes
#1.17 - Thu Sep 13, 2012 10:56 AM EDT

Wonder if her "natural" body mechanisms prevented pregnancy.

  • 9 votes
#1.18 - Thu Sep 13, 2012 11:02 AM EDT

Bart,

Really? Haven't you heard or understand menopause or was your post another politically motivated one?

All in all that was somewhat,...morbid dude.

  • 6 votes
#1.19 - Thu Sep 13, 2012 12:02 PM EDT

The photo is grainy possibly because the man himself is grainy. I assume he is some sort of spirit being. It looks to me like some kind of goat-man. He seems to have very long pointed ears, and a goatee. Horrible crime. Why don't they release the photo of him masturbating? I hope she kept that photo on her computer. If it was only on the camera, then that photo is gone, since he took the camera.

  • 1 vote
#1.20 - Thu Sep 13, 2012 12:15 PM EDT

This is absolutely wretched, what a sicko. I hope they get this guy and maybe put a tattoo on his forehead describing what he did before they put him in prison with lots of "play time" out in the yard.

I'm wondering if the SD card on this poor woman's digital camera still carries a trace of the photograph file, even though it has been deleted. I have no clue, but I do know that on computers, things seemingly "deleted" are often found nearly intact.

  • 1 vote
#1.21 - Thu Sep 13, 2012 12:31 PM EDT

She took pictures of him masturbating because after all, she was a bird watcher.

  • 1 vote
#1.22 - Thu Sep 13, 2012 1:27 PM EDT

A months worth of Viagra couldn't get Mr. Happy to respond in that situation. This is one thread I'll be glad to move on from - and never return...too creepy to think about.

  • 2 votes
#1.23 - Thu Sep 13, 2012 2:51 PM EDT

I am not at all surprised that some sick individual would do this in today's world. Unfortunately I am not surprised by the lack of compassion some of the posters on this site have for a victim, a woman, a real person having her freedom and body violated in a most humiliating and degrading manner. How in the hell can these schmucks make political or rape jokes? Those people belong in the grainy pictures as well so we will know who the perverts are we haven't caught yet.

  • 4 votes
#1.24 - Thu Sep 13, 2012 3:38 PM EDT

Stooopids: How can you read the same story everyone else did and say that you hope the picture is still on the computer because he took the camera? She had the camera at the park, where I presume she was photographing birds, got his picture - whether on purpose of by accident - and he made her DELETE IT from the CAMERA. It never made it to the computer, and she still has the camera. It's possible that the camera card can be forensically analysed, but if she took any more photos, that area may be overwritten.

To the commodians out there making jokes about this crime: you're real funny. not

  • 3 votes
#1.25 - Thu Sep 13, 2012 4:56 PM EDT

RE: Nunkunt.

I've seen the same video played on different TV shows and it pisses me off how sharp a video can be on one show but all blurry on another show.

I suppose it's all about the freaking lawyers and to hell with real life.

    #1.26 - Thu Sep 13, 2012 11:04 PM EDT

    Way to take victim blaming to a new low. You can't exactly ask her what she was wearing, if she was flirty, why she was out late or if she was drunk so blame her rape on the fact she took a photograph whilst birdwatching. Because a woman can never really be a victim of rape. Even a 73 year old birdwatcher at 11am is responsible for her own rape. That's how misogyny works. Just a little bit of doubt and blame to sully her character, to bring enough shame to keep her in her place. No such thing as a blameless rape huh? The world is sick and it's mad.

      #1.27 - Fri Sep 14, 2012 8:09 AM EDT

      debnran:

      here is what the article said:

      She said he demanded she delete the image before they went their separate ways. Police said that initial encounter was not reported.

      I did not assume that she actually did delete it. I rather assume she did not, which is why he was so angry. I recall there was a line about him trying to snatch the camera, but was unsuccessful, which is now not in the article. Anyways, I might be wrong. No big deal.

        #1.28 - Fri Sep 14, 2012 8:02 PM EDT

        @Max: Lighten up,Fella. Horrendous sex crimes and beatings happen everywhere.A lot of them aren't even reported.NYPD had this creep in a few hours.Central Park's security had a picture of him before that.If they got the right guy,it sounds like everyone did an outstanding job,including the victim.

          #1.29 - Sat Sep 15, 2012 3:02 AM EDT
          Reply
          Comment author avatarLord Foxdrake 360Expand Comment Comment collapsed by the community

          More of this "stuff" is going to happen. Homeless, lonely and F'd up in the head, I can see this alleged perpetrator as an ex-solider with PTSD, a drug problem and homeless.

          Pissed off at his circumstance and full of rage, he took it out on that poor lady when she was being smug photographing him pleasuring himself the day before. Well, he got his revenge and we've got a problem.

          The proverbial chickens are coming home to roost. - Zeitgeist.

          • 3 votes
          Reply#2 - Thu Sep 13, 2012 5:05 AM EDT

          Flash! Not all rapists and degenerates are ex-soldiers.

          • 17 votes
          #2.1 - Thu Sep 13, 2012 6:39 AM EDT

          Lord Foxdrake 360

          More of this "stuff" is going to happen. Homeless, lonely and F'd up in the head, I can see this alleged perpetrator as an ex-solider with PTSD, a drug problem and homeless.

          Or perhaps a disgruntled Cuban American who hates the country he lives in.

          • 2 votes
          #2.2 - Thu Sep 13, 2012 7:09 AM EDT

          bob, but they are F'd up men. (As are a lot current and ex-soldiers from our now permanent underclass of volunteer warriors, as well as the wannabe soldiers raping female classmates in U.S. military academies.) American men, in general, have what can only be described as a pathological problem with the other half of the world's population. How deeply does a narcissist social misfit male's sense of entitlement and hatred of women run to do something like to this to a female of any age, let alone a 70-year-old birdwatcher in a public park? More and more females are finally fed up with having to live in virtual prison throughout this country due to these thugs and a society that does little to either stop them or adequately punish them when caught. With U.S. females becoming better educated and better employed than two generations now of drifting, layabout males, perhaps more women judges will start handing down harsher and longer prison sentences.

          • 11 votes
          #2.3 - Thu Sep 13, 2012 7:10 AM EDT

          Lord Foxdrake wrote: The proverbial chickens are coming home to roost

          Is that your clever euphemism for rape?

          • 3 votes
          #2.4 - Thu Sep 13, 2012 8:03 AM EDT

          littlechanges

          American men, in general, have what can only be described as a pathological problem with the other half of the world's population. ..... More and more females are finally fed up with having to live in virtual prison throughout this country due to these thugs and a society that does little to either stop them or adequately punish them when caught. ..... perhaps more women judges will start handing down harsher and longer prison sentences.

          American women have more freedom and opportunity than nine tenths of the world's population, male or female. Can you say "misandrist?"

          • 2 votes
          #2.5 - Thu Sep 13, 2012 8:37 AM EDT

          @littlechanges, don't you think it's kind of crass using an article about a rape to bash men? Here's a newsflash for you, women behave in equally disgusting ways, they just tend not to be as well publicized.

          Half of all domestic violence is committed by women. Perhaps if domestic violence by women wasn't at epidemic levels there wouldn't be so much of what you refer to as a "pathological problem" with the opposite sex.

          http://seattletimes.com/html/nationworld/2013743521_domesticviolence26.html

          • 1 vote
          #2.6 - Thu Sep 13, 2012 8:42 AM EDT

          @Lord Foxdrake & littlechanges - I am prior military and my husband has been in the military for almost 19 years. Neither one of us would ever do anything at all like this. I have more friends that I can count that are currently in the military or have formerly served, some of them suffering from PTSD, and none of them would ever doing anything like this either. And as far as our current military only being a "permanent underclass of volunteer warriors", most of the men and women that serve our country do so to protect your freedoms and to better their lives as well as the lives of their families. Don't ever think you have the right to criticize how a soldier stands there to defend you, when you are not willing to stand up and defend yourself let alone others. Yes, there are soldiers out there that are bad apples, but you can say that with any profession, I think Catholic priest and school teachers are prime examples. Just because there are a few people that are in it for the wrong reasons, does not mean that you can lump them all together. I am sure not everyone in your professions are saints either. And we never know, this could be a guy that was even turned away from joining the military, or some priest or maybe someone in your field of work. But don't automatically say "Oh a woman was raped in Central Park it must be a soldier with PTSD".

          • 3 votes
          #2.7 - Thu Sep 13, 2012 9:13 AM EDT

          Call Mutt and ask him if it was a legitimate rape after you call Aiken.

            #2.8 - Thu Sep 13, 2012 1:42 PM EDT

            denver bill: just because as you say, american women have more freedoms than nine tenths of the worlds pop, does that necessarily mean its enough? just because some things are better here doesnt mean there is no room for improvement. does the article even say he was a ex-soldier? i didnt see that part but even if he wasnt there is a real issue with the quality of life many soldiers have after serving overseas and risking their lives for corporate interests.

              #2.9 - Thu Sep 13, 2012 10:25 PM EDT

              Whaooo... calm down people.

              First, I'm not saying all rapist are ex-soldiers. That's insane. Can you read? I said...

              "I could see it." Meaning that it's one possibility out of many. I was just coming up with a rational for such a horrible thing to happen.

              Second, @denver bill 2 perhaps he is. Perhaps he's also a self-righteous douche-bag from denver? We may never know.

              And for the rest of you, telling me "how you've been in the military for X number of years and you'd never rape an old person, well tell that to Abu Grabe or one of the countless other war crimes our military committed in the past 10 years."

              Ok, I take that back, that was harsh. You guys were the innocent ones ... not those poor women, children and low-life dirt farms you've been murdering for FREEDOM. Sorry, could help it.

              God Bless our troops... Lord knows after the evil they've done, they'll need it.

              Seriously, I don't hate America, but after reading these comments, I sure hate the lot of you. No just kidding. You're all a fine bunch of rubes.

              • 1 vote
              #2.10 - Mon Sep 17, 2012 4:39 AM EDT
              Reply
              Comment author avatarAndy-2961992Expand Comment Comment collapsed by the community

              Don't need shall issue carry in this hell hole of a city...move along, nothing to see here.

              • 3 votes
              Reply#3 - Thu Sep 13, 2012 5:15 AM EDT

              Learn proper English and speak of what you know. Every city has its bad eggs. It's a Hell Hole that attracts more tourists and businesses than anyplace else on earth. Can you say the same about your place of residence?

              • 8 votes
              #3.1 - Thu Sep 13, 2012 7:27 AM EDT

              Andy-2961992

              Don't need shall issue carry in this hell hole of a city...move along, nothing to see here.

              Andy, don't whack off and type at the same time. It makes for incomprehensible comments like yours.

              • 11 votes
              #3.2 - Thu Sep 13, 2012 8:09 AM EDT

              This poor woman was bird watching and mistakenly took a picture of a red headed pecker. Which in fact was a red headed pecker, just attached to a pervert.

                #3.3 - Thu Sep 13, 2012 12:14 PM EDT
                Reply

                I hope this woman can make a full recovery and I hope the creep that did it to her rots in hell. Rape is such a sick kind of crime. Bastard can't get it any other way than by force. What a loser.

                • 11 votes
                Reply#4 - Thu Sep 13, 2012 5:15 AM EDT

                LOSER. Poor lady. This guy is a dirt bag and should be punished. I can't think of a punishment bad enough. Here comes some sort of mental problem defense. Would love to be alone, with him, in a room and my baseball bat.

                • 9 votes
                #4.1 - Thu Sep 13, 2012 8:08 AM EDT

                I hope this woman can make a full recovery and I hope the creep that did it to her rots in hell. Rape is such a sick kind of crime. Bastard can't get it any other way than by force. What a loser.

                I fully agree with your comment, Oakdog, although I want to add that rape is about power and not lust. Men that rape do so because they literally want to break a woman physically, mentally, and emotionally. And that is what happens most of the time, sadly.

                The rest of her life will be hell, poor lady. :(

                • 2 votes
                #4.2 - Thu Sep 13, 2012 9:03 AM EDT

                Agree on most counts.Sounds like the attack was a retaliation to teach the woman a lesson and put her in her place (dis-empower her and make her afraid of him.)All this probably because she caught him,on camera, committing another crime.

                I'm not ready to say that the entire rest of her life is destined to be hell,although parts of it will be.But it seems her attacker has a better chance of getting caught and successfully prosecuted than some sex offenders.She filed a police report as soon as the rape happened.If the woman was taken to an emergency room where a rape kit was used (correctly),then they've got this guy's DNA and submitted the samples as evidence. The survivor knows what he looks like.There were witnesses who saw how badly she was injured.With this being in the news, plenty of people are going to be keeping a close eye out for this creep all around Central Park.The more people who know about it, the more likely someone is to snitch,and it's doubtful someone of his mindset has kept completely quiet to his cronies about his actions.

                I don't profess to have a crystal ball,but yes, I believe this guy's chances of being convicted,seeing the inside of a prison,and getting to take some of what he's so fond of dishing out,are better than most rapists' and elderly lady beaters'.

                • 4 votes
                #4.3 - Thu Sep 13, 2012 1:10 PM EDT
                Reply

                Masturbating in the Park. Rape. Sick @!$%#.

                Is that a helmet he is wearing? Is he carrying a bicycle wheel? Courier maybe?

                • 4 votes
                Reply#5 - Thu Sep 13, 2012 6:07 AM EDT
                Comment author avatarJulia Schwartzvia Facebook

                Or he's one of the hundreds of thousands of people in NYC who rides a bike. Just a thought.

                  #5.1 - Thu Sep 13, 2012 4:47 PM EDT

                  I don't see a bicycle wheel, but with that large a backpack, I'd say he's a homeless man. Probably a mental case too. I hope they can edit the photos to make them clearer, and find this scum.

                  • 1 vote
                  #5.2 - Thu Sep 13, 2012 5:02 PM EDT
                  Reply

                  They will be able to clean up the photo and get a better pic of him... and I take offense with the comment of "pleasuring himself"... he was committing a crime in public by exposing and committing lewd acts.

                  • 4 votes
                  Reply#6 - Thu Sep 13, 2012 6:45 AM EDT

                  In New York that picture is not a problem. They just pick up everybody that even looks anything like him. Just look at the Stop and Frisk policy they use.

                  • 3 votes
                  #6.1 - Thu Sep 13, 2012 8:00 AM EDT
                  Reply

                  Why wasn't a physical description of the perpetrator given in the article? Could it be because he's white?

                  • 2 votes
                  Reply#7 - Thu Sep 13, 2012 6:51 AM EDT

                  Everybody is white it does not need to be said. It only becomes necessary if they are non white. Then you have to day Black Asian Hispanic etc.

                  • 1 vote
                  #7.1 - Thu Sep 13, 2012 7:28 AM EDT

                  Why yes that must be it. Let's just let the white rapists get away with it. What a stupid comment. They released more than one photo the other is a better shot. Maybe they just don't have a good description yet since the woman is in the hospital. The article obviously did not contain anything but initial information. They already have a "person of interest" in custody.

                  • 8 votes
                  #7.2 - Thu Sep 13, 2012 7:42 AM EDT

                  Tara-

                  you missed the point- stop and frisk targets are usually minorities. From this picture, it is clear this person is not a minority, and believe me, NO minority who have the balls (no pun intended) to do this in broad daylight. Check yourself- danger comes from whence you know not...

                  • 1 vote
                  #7.3 - Thu Sep 13, 2012 2:05 PM EDT

                  You only get to claim to have a race if you are a member of the human race first. This piece of filth doesn't qualify.

                    #7.4 - Wed Sep 26, 2012 12:48 AM EDT
                    Reply

                    Why did she take a picture of him playing with himself, anyway? Best to leave crazy alone.

                    • 2 votes
                    Reply#8 - Thu Sep 13, 2012 6:57 AM EDT

                    @Vote, it's not her fault, but by the same token, that doesn't mean that it was a wise idea to take the picture of him juggling his balls.

                    Just because it's the perpetrator's fault for the crime doesn't mean that stupid or ill-advised actions leading up to that point were any less stupid or ill-advised. It's ultimately, everybody's responsibility not to put themselves in harms way.

                    I'm not sure what she was intending to do with the photos, anybody looking to take photos of birds can get photos of people from a long distance away. It's entirely possible that the perp didn't intend for anybody to see the masturbation.

                    Doesn't make the rape right, but it does make one wonder what she thought the reaction was going to be.

                      #8.2 - Thu Sep 13, 2012 8:48 AM EDT

                      RANK "It's entirely possible that the perp didn't intend for anybody to see the masturbation.

                      WTF? NO it is NOT "entirely possible didn't intend for anybody to see the masturbation." HE WAS IN A PUBLIC PLACE!!! If he did not want witnesses he would do it in private!!!

                      YOU ARE PART OF THE PROBLEM! Men should be held to no standards of common decency? It's ok to masturbate IN A PUBLIC PLACE! and then because you object to someone photographing you, it's ok to rape and beat the photographer? A man could have taken his picture. Then would it be ok for him to rape and beat the male photographer?

                      Would you like to be raped and beaten?

                      • 7 votes
                      #8.3 - Thu Sep 13, 2012 10:24 AM EDT

                      She probably was planning to turn in to the police the picture of him masturbating IN PUBLIC IN FRONT OF PEOPLE. What's wrong with that? Accusing people of something is not enough nowadays, you need proof, and the cellphone picture was proof. I cannot believe that some of you are somehow defending or justifying the act of rape. There is absolutely no excuse for what he did and reading some of the "well, she kind of asked for it" comments on here just disgust me.

                      • 2 votes
                      #8.4 - Thu Sep 13, 2012 3:08 PM EDT

                      Maxwell, Central Park is huge and without knowing what gear she was using for the photograph, it's definitely possible to take photos without the subject noticing until later.

                      I'm not a part of the problem, just pointing out that she took a stupid risk. Hard to say how things would have turned out otherwise.

                      BTW, this is why we have a court system so that this can be settled with evidence. With what the story says, you can't conclude what you're concluding.

                        #8.5 - Thu Sep 13, 2012 10:13 PM EDT
                        Reply

                        Sounds like another Occupy Wall Street Democrat 'spreading the love' around.

                        • 2 votes
                        Reply#9 - Thu Sep 13, 2012 7:03 AM EDT

                        Jakk, ... what an ignorant bum I think you are! I seriously doubt if a fool like you has enough fortitude (ballz) to be an OWS supporter/participant. People like you expect everyone else to do it for them and just sit around "whining" about the actual people who make a stand. >>> DISGUSTING, ... to say the least, mr. Motor-Mouth!

                        • 4 votes
                        #9.1 - Thu Sep 13, 2012 9:05 AM EDT
                        Reply

                        Because she's 73, everyone here is on her side - as they should be. Unfortunately, If she was in her 20's, people would be asking what she was wearing or what she did to provoke the attack. Newsflash. A rapist is a rapist is a rapist, and they don't care what their prey is wearing, as long as they can carry out their attack. I hope they catch this animal, and I hope this brave lady sees justice done.

                        • 24 votes
                        Reply#10 - Thu Sep 13, 2012 7:18 AM EDT

                        I don't know...With the aging of the baby boomers I see a lot of sexy 70 year olds lately. I think Julie Andrews is 70, and Vanessa Redgrave is over 70 and Meryl Streep is probably pretty close to 70. 70 is not the old bag lady anymore.

                        • 3 votes
                        #10.1 - Thu Sep 13, 2012 7:34 AM EDT

                        70 is not the old bag lady anymore.

                        Not until she takes her clothes off.

                        • 3 votes
                        #10.2 - Thu Sep 13, 2012 8:05 AM EDT

                        So Slimyone, are you, by your statement, saying that if she was a sexy 70 year old, that it justified her being raped or are you just trying to be "cute" because if you are, you're worse than the slimy fncker who did it to her! NOTHING justifies rape EVER.

                        • 7 votes
                        #10.3 - Thu Sep 13, 2012 8:15 AM EDT

                        I am pretty sick but not this time. What I am saying is that Ann111 said that we were on her side because she was 70 years old and not some 20 year old that was asking for it.

                          #10.4 - Thu Sep 13, 2012 9:52 AM EDT

                          SLIME BALL:" What I am saying is that Ann111 said that we were on her side because she was 70 years old and not some 20 year old that was asking for it."

                          WTF?!!!!!! You are part of the reason women are abused and raped. NO ONE ASKS TO BE RAPED! I only wish you were a woman and experience the pain of such blame the victim mentality. In some ways YOU ARE WORSE than the rapist because your attitude perpetuates abuse of women! Shame on you!

                          • 4 votes
                          #10.5 - Thu Sep 13, 2012 10:12 AM EDT

                          not in my eyes. I don't care if she was wearing nothing, how old she is, if she was sober. Justice is blind, and justice should be for the victim, no buts about it.

                            #10.6 - Fri Sep 14, 2012 6:58 AM EDT
                            Reply

                            Poor lady, I hope she will be alright and this sicko is caught.

                            • 5 votes
                            Reply#11 - Thu Sep 13, 2012 7:25 AM EDT

                            If she were carrying she could have protected herself. When you live in such a dangerous place you need to have the knowledge of jungle survival. Get with it lady !

                            • 1 vote
                            Reply#13 - Thu Sep 13, 2012 7:53 AM EDT

                            In the same vein Aaron, and I'm not saying this to her detriment in any way, but it would be poetic justice for that filthy basterd if she had AIDS and syphilis and he did not until he raped her and got infected. I hope she is and was clean before and after he did this but if turns out she already had it, it would justice that his nasty ass got infected and didn't know it until it was too late.

                            • 1 vote
                            #13.1 - Thu Sep 13, 2012 8:19 AM EDT

                            arron-L, yu sound like one sikko-sob yurself, n' uno-it-2.

                            • 1 vote
                            #13.2 - Thu Sep 13, 2012 9:10 AM EDT

                            I doubt she would have had time to pull a gun out of her purse when the young man approached her anyway. She probably froze and panicked, and I'm sure he didn't just walk over to her with a mean face, he probably snuck up on her so she probably had no idea he would contemplate such a horrific act.

                            • 1 vote
                            #13.3 - Thu Sep 13, 2012 3:13 PM EDT

                            Carrying wouldn't have been a good thing. He robbed her and raped her - if she had been carrying, he would probably have used the gun on her and she'd be dead right now.

                              #13.4 - Thu Sep 13, 2012 5:07 PM EDT

                              and exactly how do you know this ?

                                #13.5 - Sun Sep 16, 2012 8:48 PM EDT
                                Reply

                                Rape is such an ambiguous word but I think in this case it is correct. Rape can mean anything from taking you in the bushes and beating you while having sex (like this one) to a girl that decides that she would rather not have the guy she is making out with use his tongue.

                                • 1 vote
                                Reply#14 - Thu Sep 13, 2012 8:03 AM EDT

                                Slimyone

                                Rape is such an ambiguous word but I think in this case it is correct. Rape can mean anything from taking you in the bushes and beating you while having sex (like this one) to a girl that decides that she would rather not have the guy she is making out with use his tongue.

                                You have a bizarre and tortured view of rape. I'm guessing you've never scored.

                                • 10 votes
                                #14.1 - Thu Sep 13, 2012 8:07 AM EDT

                                Well, reference the handle...pretty apt, I'd say.

                                • 7 votes
                                #14.2 - Thu Sep 13, 2012 8:45 AM EDT

                                @Tranquil, it's not a tortured view of rape, it's typical law for any penetration without consent to be rape. Although the specifics vary, if you've got something in somebody that doesn't consent that's probably going to either be rape or sexual assault.

                                It's not a messed up, bizarre or tortured view of rape, it's the one that most prosecutors are going to use when deciding whether or not to charge.

                                • 1 vote
                                #14.3 - Thu Sep 13, 2012 8:51 AM EDT

                                frankie 187- - - - - , you mus'be a leegle-beegle, orr perhapz jus a wannabee-one, to elaborate whutt sum Ignorant Prosecuetorr izz gonna du or not do!

                                • 1 vote
                                #14.4 - Thu Sep 13, 2012 9:14 AM EDT

                                @ Tranquil Nihilist Rape is ambiguous. You hear the term rape then sexual assault, sexual battery, criminal sexual conduct, rape can be a sexually motivated crime or just a crime of violence where the perpetrator doesn’t even use his own body part. If a person does an act that would be called rape but that act is done by the woman’s husband then it is not rape in some places. The problem with rape is the sex part of it. If a prostitute has sex with a John and he doesn’t pay they call it rape when it is actually theft of service because she has not problem with the act she just wanted to get paid. The same with some cow eyed school girl that wants the captain of the football team to be her boyfriend but after the deed all he wanted was the sex so she says it was rape.

                                You can’t just say someone was raped you have to say what happened for us to have a clear view of the situation.

                                • 1 vote
                                #14.5 - Thu Sep 13, 2012 10:11 AM EDT

                                SLIMY--Rape is such an ambiguous word but I think in this case it is correct. Rape can mean anything from taking you in the bushes and beating you while having sex (like this one) to a girl that decides that she would rather not have the guy she is making out with use his tongue.

                                SHAME ON YOU! YOU are worse than the rapist because you excuse such behavior with your blame the victim attitude. Reminds me of that Catholic priest who was interviewed re: pedophia who said some of the little boys "seduced" the poor priest. And the priest should not go to jail for first time child rape.

                                SHAME ON YOU!

                                • 3 votes
                                #14.6 - Thu Sep 13, 2012 10:16 AM EDT

                                I'm not blaming the victim. In this case it is rape. I am saying that most cases are not so cut and dried but they are all weighed as if they are this.

                                • 1 vote
                                #14.7 - Thu Sep 13, 2012 12:52 PM EDT

                                Slimyone: You have to be an Akins supporter.

                                • 1 vote
                                #14.8 - Thu Sep 13, 2012 5:10 PM EDT

                                @denk, not really, it's standard for that to be considered either rape or sexual assault in the civilized world. Ultimately, if you don't have consent you shouldn't be doing it. It's not that complicated.

                                And yes, any DA is going to push the issue in court, assuming they have adequate evidence to make the case. You don't have to be a legal expert to know that.

                                If you don't believe me, look up what the statute actually says. I'm willing to bet that consent is required in all cases.

                                  #14.9 - Thu Sep 13, 2012 10:17 PM EDT
                                  Reply

                                  I hope we catch him quickly so we can worry about his rights and needs.

                                  • 2 votes
                                  Reply#15 - Thu Sep 13, 2012 8:06 AM EDT

                                  Central Park is such a nice park. Too bad nobody goes there, this thing would never have happened.

                                  • 1 vote
                                  Reply#16 - Thu Sep 13, 2012 8:11 AM EDT

                                  Hope they catch this nut soon, before he attacks anyone else. Poor woman, hope she can recover quickly, and wasn't badly abused by this freak.

                                  If hes masturbating in the park, that means hes in full rape fantasy mode, and only hindered by opportunity. Hes a danger to every woman hes around.

                                  • 7 votes
                                  Reply#17 - Thu Sep 13, 2012 8:12 AM EDT

                                  No, what it means is that he couldn't control his urge to masturbate. Without more information there's no particular reason to think that he would have raped any random person.

                                  Considering that she had allegedly taken photos of him masturbating, there's no particular reason to assume that he would have raped her or anybody else otherwise. There are plenty of folks that masturbate in public that never go on to rape or sexually assault anybody.

                                  He still needs to be arrested and serve a long period of time in prison. But, let's not equate public masturbation with rape. They are not necessarily the same groups that engage in those two illegal activities.

                                  • 1 vote
                                  #17.1 - Thu Sep 13, 2012 8:55 AM EDT

                                  WOW FRANKEE, yu must have really hit yur hedd hard, ... when yu "fell outtah thaa tree" !!! OMG Mr. No-it-ALL.

                                  • 1 vote
                                  #17.2 - Thu Sep 13, 2012 9:17 AM EDT
                                  Comment author avatarJulia Schwartzvia Facebook

                                  Freedom..... "If hes masturbating in the park, that means hes in full rape fantasy mode, and only hindered by opportunity. Hes a danger to every woman hes around."

                                  That is not necessarily true. Some people just get a kick out of voyeurism, they like committing sexual acts in public places. It turns them on to know that somewhere, someone could be watching. I am guessing this is why this man was masturbating in the park. I'm sure he has some underlying mental illness or deep-seeded insecurity that caused him to snap like he did because most people who enjoy voyeurism would (more than likely) deal with the fact that they got caught in a "normal" fashion.

                                  I hope this woman has a quick recovery surrounded by people who love her. I can empathize with her situation and I know it is not an easy road.

                                    #17.3 - Thu Sep 13, 2012 5:00 PM EDT

                                    I agree. Who masterbates in public? Go to a bathroom. No one wants to see your weiner hanging out. Those people are deranged.

                                      #17.4 - Fri Sep 14, 2012 7:00 AM EDT
                                      Reply

                                      A rape of anyone is disgusting! The rape of a 70yr old woman, in "broad day light," is that and absolutely much more, factoring in heinous - Hope NYPD find this guy soon!

                                      This case shouldn't be that difficult to crack, providing this low-life creep didn't walk away with her camera that still had shots of him doing his thing - For me, someone taking pictures of a man "masturbating," opens up an entirely different file of curiosity - Why in the world would this woman stop, and take the time to snap pictures of this man acting out his fantasy in full display!!?

                                      • 1 vote
                                      Reply#18 - Thu Sep 13, 2012 8:30 AM EDT

                                      Rah, Rah, Rah, ... did you ever hear of the word EVIDENCE before??? It sure does NOT sound like it! GO BACK to school mr detective because a Sherlock Holmes or Dick Tracy >>> you are NOTTTTT !

                                      • 1 vote
                                      #18.1 - Thu Sep 13, 2012 9:20 AM EDT

                                      It's also perfectly possible that he inadvertently ended up in the frame as she was taking pictures of birds, as others have suggested.

                                      • 3 votes
                                      #18.2 - Thu Sep 13, 2012 10:14 AM EDT
                                      Reply

                                      Perfect example 'why' adults should carry a weapon for self

                                      protection.

                                      Had she had a weapon she wouldn't be a rape victim.

                                      Hope he didn't give her a disease...

                                      In cases alike this the perpertrator's penis should be

                                      amputated to deter further rapes!!!

                                      (there is no other justice for such a crime)

                                      Severing his penis when caught is definite crime prevention.

                                      Putting him behind bars...is a joke...then released in a couple yrs

                                      to rape another woman and hardly justice for such a crime!!!

                                      We have a very weak justice system where punishment seldom equals

                                      the crime!!! Perfect fact why crime rate is so high...there is nothing to

                                      fear from the Criminal Jusrti

                                      • 5 votes
                                      Reply#19 - Thu Sep 13, 2012 8:42 AM EDT

                                      There is a flaw in your theory, HawkEyes. At her age, even if she had a weapon, a much younger man (or woman)would have been able to easily disarm her and may have turned the weapon on her. As far as the punishment, while it all sounds reasonable and fitting to the crime, it's never going to happen because we as a society have evolved beyond that. In retrospect, maybe the punishment should fit the crime ....

                                      • 3 votes
                                      #19.1 - Thu Sep 13, 2012 8:52 AM EDT

                                      Hawk Eyes--I agree 100%.

                                      The problem is that you can never get equal justice for a rapists. Yes, men can be raped, however, in no way is it the same impact. I am NOT trying to diminish anything a male rape victim goes though, but rather, emphasize that female rape victims are physically, mentally, and emotionally different from their male counterparts from a a physiological standpoint, and the same crime would have a bigger impact on a woman. Our brains and hormones betray us more as women. It's as simple as that.

                                      I also think male rapists deserve a greater punishment. It will never happen, but I wish male rapists could have a v*gina surgically implanted on them, the other male parts removed, and for the assault they committed on others to happen to them. Whatever number in the attack, duration, repetition, and location. They need to experience the fear, horror, the overpowering, the terror of the attack itself.

                                      It still wouldn't be the same because he won't have female physiology, but it's much closer to justice now than sticking him in a jail cell for 7 years and releasing him for "good behavior". :/

                                        #19.2 - Thu Sep 13, 2012 9:24 AM EDT

                                        You're right. If she had had a weapon she wouldn't have been raped. She would have been shot (possibly killed) with her own gun.

                                          #19.3 - Thu Sep 13, 2012 5:14 PM EDT
                                          Reply

                                          This is very sad. If I caught someone raping someone, I would castrate him on the spot. I hope she kept the picture, it would help identify the jackass who raped her.

                                          • 3 votes
                                          Reply#20 - Thu Sep 13, 2012 8:49 AM EDT

                                          I am ashamed to be an American. The liberals, atheists and all of the various combinations of either corrupt or lazy elected officials have allowed what used to be the symbol benchmark of the world to become a nation of filth, broken systems, immoral and criminal humans all wondering about like flesh eating zombies. The proud are not proud anymore, workmanship, productivity, families caring about how their children can be model citizens must struggle just to assure their kids go to school. Loss of the mandatory death penalty for murder and rape DID prevent those crimes and effectively culled out and removed the monsters so they would not live around us. Neighborhood beat cops DID prevent crime. Prayers in schools did help children to seek a higher power to bring relief. Ride a subway in Europe, a high speed rail in Spain or Asia, the ride the NYC or Amtrack filthy, rattling and unpleasant JUNK. We pay taxes for this? Which of the candidates will bring America back?

                                          • 2 votes
                                          Reply#21 - Thu Sep 13, 2012 8:53 AM EDT

                                          If you want your children to pray in school, spend your own money to send them to a religious school. No one should have to subsidize your practice of religion with their tax dollars!

                                          • 3 votes
                                          #21.1 - Thu Sep 13, 2012 10:16 AM EDT

                                          Joe,

                                          What a silly little tirade. Did you know that crime rates are lower than they were in the last several decades?

                                          And I can't see why you blame atheists. There has been only one known atheist in Congress and never has been an atheist president.

                                          Frankly, I'm ashamed to be associated with Americans like you who blame everybody else. You complain and complain about "[t]he liberals, atheists and all of the various combinations of either corrupt or lazy elected officials" but never offer any solutions or even reasonable discussion.

                                          If you're ashamed to be an American, either do something to change the problems or leave. It's that simple.

                                          • 1 vote
                                          #21.2 - Thu Sep 13, 2012 10:49 AM EDT

                                          C'mon, Hambone, you know if enough little kids were still required to recite a prayer composed by the State Board of Regents, then God would never have allowed this ever to have happened!

                                            #21.3 - Thu Sep 13, 2012 7:28 PM EDT
                                            Reply

                                            The lady was watching birds and taking photos,I bet when she took the photo of him it was an accident she may have been trying to photgraph a bird.The park needs more park police or trained volunteers that watch out for people,Lots of people try to live in parks and are mentally ill,they usually have backpacks.It is ashamed but parks arenot safe,we should go places in pairs or groups.I feel very sorry for the lady,and hope she did not get veneral diseases from this.She will be hurt the rest of her life.This is so horrible to do that,violence it is.He needs to be caught and placed in jail for life,he will never be cured.Let us all pray for her and other victims of this horrible act of violence.

                                              Reply#22 - Thu Sep 13, 2012 9:20 AM EDT

                                              a single woman, probably dressed in one of those provocative bird watching outfits out at all hours of the day- what do you expect is going to happen?

                                              • 4 votes
                                              Reply#23 - Thu Sep 13, 2012 9:21 AM EDT

                                              At 73, she might have THOUGHT she was raped when a pigeon simply landed on her lap, and ate some peanuts she'd put there to throw out to the others, and this particular one overstayed his welcome, or put his "pecker" where it wasn't wanted. It's possible

                                              • 2 votes
                                              Reply#24 - Thu Sep 13, 2012 9:22 AM EDT

                                              Chuck: I hope you're raped--soon. Then get back to us with your moronic jokes!

                                              • 2 votes
                                              #24.2 - Thu Sep 13, 2012 10:38 AM EDT

                                              Chuck, where were YOU when this happened? NYC?

                                                #24.3 - Thu Sep 13, 2012 5:16 PM EDT
                                                Reply

                                                LOL Chuck - the best saved for last!

                                                  Reply#25 - Thu Sep 13, 2012 9:38 AM EDT

                                                  1 sun: You are easily amused!!! Another rape candidate--then get back to us!

                                                    #25.1 - Thu Sep 13, 2012 10:40 AM EDT

                                                    Bang Bang, was user name Happiness is a warm gun already takken.

                                                      #25.2 - Thu Sep 13, 2012 6:58 PM EDT
                                                      Reply

                                                      Not saying it didn't happen but... who rapes a 73 year old? The other question is "who rapes at all?" of course, but seriously I mean you have to find SOMETHING to get it up for! 73? I can't find it...

                                                        Reply#26 - Thu Sep 13, 2012 9:53 AM EDT

                                                        Seriously? That's any extremely ignorant statement! Rape is about control and violence. How many times does that need to be explained??

                                                        • 5 votes
                                                        #26.1 - Thu Sep 13, 2012 10:18 AM EDT

                                                        I agree. Rape is violence. That said a woman in her 70's can definitely be found attractive by someone. Older women can definitely still be attractive and fit/healthy. Just look at older ladies like Diane Sawyer and Helen Mirren to name a few who are well past 50. There's actually a photo of Helen Mirren in a bikini with a body to rival any 30 year old. She looks great and was well past the age of 50 when the photo was taken. She was in her 60s with an amazing fit body like that. No woman at any age should be getting raped. To say older women can't be found physically attractive isn't exactly correct either. As a younger woman myself I realise older age will be coming for me if I am lucky enough to continue having birthdays. I plan on rocking being an older woman as someone who works on her health and education and to be able to take care of myself without depending on others. God's speed that this woman who was raped can recover from this trauma that has come into her life at this time.

                                                          #26.2 - Thu Sep 13, 2012 11:59 AM EDT

                                                          I'm sure glad that Mayor Bloomberg is concerned about the serious crimes in New York like Coca-cola in 32 oz glasses and forcing new mothers to breast feed their children.

                                                          Do you think this old lady that was raped in Mayor Bloombergs town would have been better served to have a mayor that cares about crime? Or do you think she appreciated not getting diabetes while the scumbag raped her?

                                                          • 1 vote
                                                          #26.3 - Thu Sep 13, 2012 2:17 PM EDT
                                                          Reply
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