Carlos Chuva , 43 , of Queens , charged with first-degree felony aggravated sexual assault . Chuva is accused of groping Jasheem Smiley aboard downtown 4 train October 20 , 2012 . Attack on Lopez was videotaped by fellow passenger Elisa Lopez and then shared online . Smiley faced backlash for failing to help Lopez but claimed he was concerned for his own safety . Lopez , an Air National Guardsman and college student , went public about attack in December 2014 .
Carlos Chuva , 43 , of Queens , charged with first-degree felony aggravated sexual assault . Chuva is accused of groping Elisa Lopez aboard downtown 4 train October 20 , 2012 . Attack on Lopez was videotaped by fellow passenger Jasheem Smiley and then shared online . Smiley faced backlash for failing to help Lopez but claimed he was concerned for his own safety . Lopez , an Air National Guardsman and college student , went public about attack in December 2014 .