Screaming MARTA rider asks judge to drop charges

A lawyer for the woman caught on video screaming at an elderly MARTA passenger is asking a judge to drop the criminal case against her, arguing that Nafiza Ziyad now has a job, attends church and is in mental health treatment for bipolar disorder.

Defense lawyer Derek Gage has filed a motion accusing DeKalb County Solicitor General Robert James’ office of a “Draconian” insistence on continuing Ziyad’s prosecution, rather than suspending the case or sending it to a county mental health pre-trial diversion program.

State Court Judge Barbara Mobley scheduled a hearing on the defense motion for 1:30 p.m. today.

Ziyad “has taken extraordinary steps to take control of an illness she never wanted,” the defense motion said.

James said Monday that authorities allowed Ziyad to use the mental health diversion program on a previous charge involving a MARTA incident, but she failed to complete the program.

“This time, the state needs some leverage to make sure she takes advantage of the resources that are available,” James said.

Ziyad, now 26, already was on probation for spitting on a MARTA cop when she was captured on video March 10 engaging in a loud and obscene tirade directed at a gray-haired woman on a train. At times, she lunged toward the woman.

The video was seen more than 600,000 times on YouTube, which the defense motion said “exposed her to extreme distress and embarrassment.”

Ziyad was jailed May 8 on assault and other charges. She was released to a personal care home about three weeks later.

The defense motion said Ziyad has worked with her therapists to adjust her medications and attends group meetings to learn about bipolar disorder.

“Most importantly, she has cut the ties to individuals who perpetuated a negative mindset toward the mental health challenges she faces,” the defense motion said.

The motion does not specify her new employer or church. Gage has said previously he was concerned people might harass her if her whereabouts were made public.