Man who shot fellow NYC subway rider with his own gun will not be charged

The 32-year-old New York City subway rider who shot a man on the A train with his own gun will not be charged, a spokesperson for the Brooklyn district attorney’s office said on Friday.

“Yesterday’s shooting inside a crowded subway car was shocking and deeply upsetting,” spokesman Oren Yaniv said in a statement, according to NBC News 4. “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.”

As BizPac Review reported, a 36-year-old man aggressively approached a 32-year-old rider and accused him of being an illegal migrant. The two men exchanged blows that quickly escalated. After punching the 32-year-old’s female companion, who reportedly stabbed him, he pulled a gun out of his pocket.

The 32-year-old managed to wrestle the weapon from his assailant and, according to News 4, “fired four times as the train approached the Hoyt-Schermerhorn stop.”

The 36-year-old was hit in the head and rushed to NewYork-Presbyterian Brooklyn Methodist Hospital, where he remains in critical condition.

Investigators said the armed, now-injured man boarded the train after walking through an emergency exit at Nostrand Avenue and failing to pay, News 4 reports.

“The small group of people that we catch not paying their fare are recidivists,” NYPD Deputy Commissioner of Operations Kaz Daughtry said. “They have guns, they have knives. Small things lead to big things.”

“We need to look for new technology that we can implement here in the transit system to help keep New Yorkers safe,” he stated.

“Cameras are expected to be on all subway trains by the end of the year, officials have said,” according to News 4. “It’s not clear if tougher measures, like metal detectors, could be considered.”

“When you lay out the evidence and the facts that someone walked into a train station with a gun, and you saw a fairly crowded A train where people were lying on top of each other, scared because someone pulled a gun –” said NYPD Chief of Department Jeffrey Maddrey. “I’m not sure whether it’s for or against metal detectors, but that’s what we saw.”

Meanwhile, investigators want to talk to the stabby female.

They are weighing whether she should be charged with a crime. At this time, she is not in custody.

Attorney Thomas Kenniff, who represents Daniel Penny, the former Marine who was indicted after the disturbed man he placed in a chokehold on a Manhattan subway train died, applauded the Brooklyn DA’s decision not to press charges against the 32-year-old.

“I applaud the Brooklyn district attorney for exercising the prosecutorial discretion to realize that somebody who was forced to defend himself and others shouldn’t be subjected to a criminal indictment — I think that’s how it should play out,” Kenniff told the New York Post in a statement.

“The shooter in Thursday’s subway clash was identified by sources as Younece Obuad, and Kenniff argued there are parallels between his case and that of Penny, who said he took down Jordan Neely to defend other passengers on the train,” the Post reports.

“This is the same environment that confronted my client last year,” Kenniff said in his statement to the outlet.

“It underscores the feeling that so many innocent New Yorkers have that if you’re riding the subway system, you are rendered defenseless,” the attorney continued. “Unfortunately in the case of my client, when you do step up to protect yourselves and others, you wind up being persecuted yourself.”

Melissa Fine

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