CBS New York’s Ali Bauman reports that police are investigating a fatal accident in the New York City subway system.
Sources said the former Marine stopped another passenger misbehaving on the train at a station in Manhattan’s Soho district on Monday afternoon.
Bauman obtained video of the incident. In this, a 24-year-old man is shown strangling a 30-year-old man. For 2 minutes 55 seconds of the video, the first person is holding the neck of the other person.
Two other riders tried to stop the 30-year-old’s hand, but all three wrestled him to the ground.
A police source told CBS New York that the video shows the 30 year-old man behaving violently, including throwing trash off the train and yelling at passengers.
CBS New York heard that the 24 year old intervened to subdue him, and things got physical. Police told CBS News it was unclear who the perpetrator was. Sources say the young man strangled the other while telling people in the vicinity to call 911.
Police told CBS News that when officers arrived, the unresponsive elderly man was taken to a hospital, where he was pronounced dead.
Police told CBS News that they had taken the 24 year-old man into custody for questioning, but released him without charge, and it was unclear whether he would be charged.
Detectives are investigating and are waiting for the coroner to determine the 24 year old’s cause of death.
The police have not disclosed the names of both the youths.
David Schwartz, a criminal defense attorney and former prosecutor, told CBS New York Self Defense could be a difficult legal argument in this situation if a 30 year old man were to be prosecuted. You can only use as much force as is necessary under certain circumstances. Was force even necessary? I don’t know. We’ll have to see how the investigation goes. Can you kill this man in any other way than by suffocation? Were able to tame?
However, Schwartz said that what happened before the video began may determine the sequence of events.
Did this person create chaos on the subway or put someone else’s life in danger? Schwartz said. I think New York City has created the conditions for that to happen.
Police sources told CBS New York that the man who died had a record of more than 40 prior arrests and had an arrest warrant issued for a felony.