BOSTON — A Brockton man charged with stealing a woman’s cellphone moments after she was struck and killed by a subway train has been released on personal recognizance after pleading not guilty.

Josue Gonzalez appeared Monday in Boston Municipal Court to face a larceny charge.

Gonzalez’s lawyer said there was “no criminal intent” behind his client’s actions.

Prosecutors say surveillance video shows the 26-year-old Gonzalez covering the phone with his foot seconds after the woman was struck Thursday at the Downtown Crossing station, looking around to see if anyone was watching, then bending down to grab the phone.

Massachusetts Bay Transportation Authority police say Gonzalez turned himself in and handed over the phone on Friday.

The victim’s name has not been made public. Her death is not considered suspicious.


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