Updated

Updated · Fox News · Jul 21

Bodycam Shows Sunny Hostin Seeking Leniency After 23-Year-Old Son Got Metro-North Trespass Summons

Updated

Updated · Fox News · Jul 21

Bodycam Shows Sunny Hostin Seeking Leniency After 23-Year-Old Son Got Metro-North Trespass Summons

Q: When a jogger trespasses near a lethal third rail, is an 'innocent mistake' a valid defense?

An “innocent mistake” can be a valid trespass defense, but only if the jogger can show he did not knowingly enter a restricted area and that the warning was unclear or not reasonably visible. That is the key legal issue in New York. Trespass generally requires proof that a person knew, or should have known, entry was unauthorized. A mistake-of-fact argument can work if the entrance appeared open, signage was obscured, or the boundary was ambiguous. In this case, Sunny Hostin has argued her son entered while jogging for hill training, that the gate was open, and that the sign was not visible from where he entered. But the facts reported by the MTA make that defense harder. Police said Gabriel Hostin was seen on the railroad right-of-way near an electrified third rail, and charging records include photos of a gated access point and “NO TRESPASSING – PRIVATE PROPERTY – VIOLATORS WILL BE PROSECUTED” signs. Railroad property is not treated like ordinary land: it is private, dangerous infrastructure, and the third rail creates an obvious risk of death. Courts are likely to weigh whether a reasonable person would understand such an area is off-limits. So the “innocent mistake” claim is legally possible, but it is not a free pass. It may help explain intent and support leniency, especially for a first-time offender, yet it is unlikely to defeat the charge if prosecutors can show the warnings were clear and the area was plainly restricted.

3 articles · Updated · Fox News · Jul 21

Newly released bodycam video shows Sunny Hostin telling MTA police she was a former federal prosecutor while asking officers to go easy on her 23-year-old son, Gabriel Hostin, after he was stopped in New Rochelle.
MTA police said officers saw Gabriel Hostin near an electrified third rail on Metro-North right-of-way shortly before 8 p.m. on June 16, in an area marked with no-trespassing signs, and issued him a summons before releasing him.
Officers told him trespassing there was an arrestable offense but said they reduced the matter to a trespass violation because he had no criminal history and cooperated.
Court records show Gabriel Hostin is due in New Rochelle City Court on July 31, while Sunny Hostin argued in a letter obtained by TMZ that he entered by mistake while jogging and that signage was not clearly visible.
The footage also drew online criticism from conservative accounts that contrasted Hostin's appeal for discretion with her past public comments about equal treatment under the law.