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jason mack 1 train masturbator

Credit: New York Daily News

A subway pervert–supposedly he is reformed now–might dodge prosecution, according to the New York Daily News.

Back in 2002, authorities say Jason Mack (pictured) grinded against a 14-year-old girl on a crowded 1-train in New York City, leaving stains on her jeans and jacket. Then he did it again in 2006.

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But Mack wasn’t charged until 2008 when DNA linked him to the earlier…grinds. Though, he has not been prosecuted because courts are debating whether grinding is a felony. Back in March, New York’s Court of Appeals ruled that Mack’s perverted actions did not evolve force.

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Since that time, prosecutors have been trying to file an appeal. But, because 60 days have passed under the state’s “speedy trial” laws, their time may be up.

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“It was over-indicted and it was a stupid appeal,” Michael Alperstein, Mack’s lawyer, told the Daily News. “It was never forcible. There was no basis from the beginning.”

“The clock ran out months ago. I want this case dismissed,” he added.

If the case ends up being dismissed, Mack will not be convicted of his nasty crimes despite admitting to them. And he will not have to register as a sex offender.

Mack, who works as a maintenance man for the Department of Citywide Administrative Services, has already served more than 180 days behind bars waiting for his appeal.

He told the New York Post that his grinding ways are over.

“You know, the train be crowded — it was rush hour — and the lady bumped me,” the giant jerker told a reporter after a brief Manhattan Supreme Court hearing yesterday, at which prosecutors said they were not ready and the defense filed papers asking that the case therefore be dropped. “I know my DNA came on her,” Mack added. I apologize for that. That won’t happen no more. I won’t do that again.”

Well…we hope not! But, do you feel that his actions should be considered a forced act? Sound off in our poll below.

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