BROOKLYN, N.Y. — Police say they have the man responsible for shoving an MTA subway station agent onto the tracks in Brooklyn on Christmas Eve, charging Jhonatha Martinez, 27, with second degree assault.  

While the MTA is applauding the arrest, with a spokesperson saying the agency has zero tolerance for heinous attacks on workers, one union official says prosecutors didn't go far enough.

"I feel that it should be an attempted murder charge" said Robert Kelley, TWU Local 100 Vice President. "This gentleman pushed a 70-year-old man in the track. The man is here today by the grace of God."

Kelley says his union represents the victim, Kumar Narinder. He visited with Narinder who suffered a fractured spine, cuts and bruises.

"It's heartbreaking because he's a very mild mannered man number one and he feels let down" said Kelley. "He's working through the pain, I could see the stress that he was going through."

It happened in the early hours of December 24th at the Nassau Avenue stop on the G Line, when the station was closed to the public.

Prosecutors say Martinez jumped the turnstile and tried to board a train that was restricted to MTA employees. Kelley says the attack shows that subway workers need more protection.

"Why can't they put one police officer at each station?" asked Kelley. "We have 472 stations. Why can't one police officer be at one station at these 472 stations, at least from the hours of one to five?"

Martinez faces several other charges including reckless endangerment, criminal trespass and harassment.  

He faces up to 15 years in prison if convicted.