A gang beating and robbery in a Bronx subway car may have involved a Bushwick fruit vendor who is accused of joining into the attack just for kicks. The man’s lawyer, however, says it’s a clear case of mistaken identity.

Jason Fordell, a 29-year-old leather accessories designer from the Bronx, claims he was confronted and beaten by four men on an early morning 4 train on Sunday. The attackers eventually robbed Fordell of thousands of dollars in merchandise, but he says he was targeted for being white and police are investigating possible racial bias.

Barinthe Ramoutar of Bushwick enters the story as a fellow rider who, according to Fordell, spontaneously joined in the beating after declaring, "Oh, I get a few shots, too." The four original assailants escaped the scene at Fordham Road station before police arrived, but Fordell spotted the bad Samaritan on the platform 45 minutes later and identified him to police. Ramoutar was charged with gang assault and robbery.

Ramoutar’s lawyer insists that the Bushwick man, who has no previous arrests, was mistakenly identified at the scene long after the attack. The former welder is 54 years old and suffers arthritis that, she says, doesn’t even allow him to make a fist. Ramoutar has now been released without bond while the investigation continues.