Crime & Safety

'Self Defense': Shooter In Brooklyn Subway Brawl Won't Face Charges

A man acted in self-defense when he wrestled a gun from and shot a belligerent straphanger in a viral subway fight, prosecutors said.

A gun recovered from a Thursday shooting in a Brooklyn subway station, police said.
A gun recovered from a Thursday shooting in a Brooklyn subway station, police said. (NYPD)

NEW YORK CITY — A straphanger who wrestled a gun from and shot a belligerent man during a harrowing Brooklyn subway brawl acted in self-defense, prosecutors said.

The shooter — a 32-year-old man — likely won't face criminal charges in the Thursday evening rush-hour clash that left another man, 36, critically wounded with a gunshot to his head, said Oren Yaniv, a spokesperson for the Brooklyn District Attorney's office.

"Yesterday's shooting inside a crowded subway car was shocking and deeply upsetting," Yaniv said in a statement Friday afternoon. "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."

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Video from the Thursday evening rush-hour clash in an A train approaching Hoyt-Schermerhorn station gripped New York City and beyond as authorities pieced together the violent sequence of events.

A 36-year-old man, who remained in critical condition, can be seen on the viral nearly 5-minute video threaten the 32-year-old man, repeating "I'll beat you up."

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Another passenger can be heard murmuring to the 32-year-old: "He thinks you're a migrant."

"You think you can beat up cops," the 36-year-old said, an apparent reference to a Times Square incident. "F--- you, f--- your kind."

Minutes into the exchange, the 32-year-old man stands up, and a fight breaks out between the two, the video shows. As the fight escalates, the belligerent man accuses the other man, or the woman the straphanger is shielding, of stabbing him.

He then pulls a gun, sparking a mad scramble by other straphangers for the exits.

"Let me out," the person taking the video screams, right before gunshots are heard and passengers scramble off the train.

Michael Kemper, the NYPD's chief of transit, said Thursday that the 32-year-old managed to grab the gun during an ensuing struggle and fire off several shots, which hit the 36-year-old.

Police arrested the 32-year-old man on the platform, video shows.

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