Brooklyn D.A. Declines to Prosecute Man in Self-Defense Shooting on Subway

 In a surprising turn of events, the Brooklyn District Attorney’s Office has decided against prosecuting a 32-year-old man who shot a man in self-defense during an altercation on a subway train. The incident, which took place on Thursday, was one of many highlighting the problem of crime on New York City’s subway system.

Here’s what’s been reported about the incident:

 A 36-year-old man armed with a gun is in critical condition after police say he provoked another man on a subway train in Brooklyn, and was then shot by his own weapon.

The shocking encounter was caught on cellphone video inside a northbound A train around 4:45 p.m. on Thursday.

Police say a 32-year-old man boarded the train at the Nostrand Avenue Station.

As the train started moving, police say he was approached by a 36-year-old man who was already on the train. Witnesses described the 36-year-old as aggressive and provocative towards the 32-year-old man.

The two exchanged words, before police say the 36-year-old started to walk toward the 32-year-old with the firearm.

The NYPD said Friday morning that a woman is also involved in the incident and could be seen on video stabbing the 36-year-old man. She is still being sought by police.

The district attorney’s office announced its decision on Friday.

“Yesterday’s shooting inside a crowded subway car was shocking and deeply upsetting,” Oren Yaniv, a spokesperson for the Brooklyn District Attorney’s Office, said in a statement Friday. “The investigation into this tragic incident is ongoing but, at this stage, evidence of self-defense precludes us from filing any criminal charges against the shooter.”

The confrontation between the two men occurred on Thursday afternoon. It started with a minor dispute over a subway seat. The situation rapidly escalated into a physical confrontation with the assailant, who was armed with a knife and firearm.

During the confrontation, the woman who was with the 32-year-old man stabbed the assailant in the back. The aggressor brandished his gun. The would-be victim managed to overpower the assailant and shoot him with his own firearm.

#NYShitty🗽💩; Full view: Watch as the #Brooklyn subway shooting unfolds, from the confrontation to the immediate aftermath.

🎥 @dsmallzlom

— New York Shitty (@NyShittyNews) March 15, 2024

The fight was captured on cellphone video by multiple passengers. The assailant survived the shooting and is in critical but stable condition after having been shot four times. He had 10 prior arrests. Fortunately, none of the other passengers were injured.

This story is reminiscent of the case of Jose Alba, a New York City bodega worker who was forced to defend himself when he was assaulted by a man and woman. Video footage shows Alba stabbing his assailant, who later died from his injuries.

However, Alba’s case did not proceed in the same fashion as this incident. He was arrested after the altercation. District Attorney Alvin Bragg sought to prosecute Alba but later relented after a fierce backlash from the community. In light of this, this decision not to prosecute the man on the subway is unexpected.

This tale raises questions about the legal dimensions of self-defense, which can often be quite murky, and the ongoing challenges facing the city’s subway system.

The crime situation on New York City’s subways has gotten so out of hand, Gov. Kathy Hochul deployed the National Guard to help maintain safety as New Yorkers use public transportation.

Hundreds of National Guard soldiers and State Police officers will patrol the New York City subway platforms and check riders’ bags beginning this week, Gov. Kathy Hochul said on Wednesday.

A large show of force in the system, which is operated by the Metropolitan Transportation Authority, a state agency, will help commuters and visitors feel safe, Ms. Hochul said.

Subway safety is a constant concern in New York City, where the system’s recovery is critical to the city’s rebound from the pandemic, and public officials can be as sensitive to the perception that mass transit is dangerous as they are to an actual rise in crime.

If the city is unable or unwilling to get crime under control in its subway system, it is probable that more incidents like this will occur.

This is a developing story. RedState will bring you more details as they become available.

Editor’s note: this article was edited for content after publication.

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