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A US Marine veteran who strangled a schizophrenic man during a disturbance on a New York subway train is likely to face charges of second-degree manslaughter or negligent homicide, according to legal experts. The man, who has not been named, restrained Jordan Neely for 15 minutes on 1 May, leading to the latter’s death. The incident has led to protests calling for the veteran’s arrest. However, the killing has also been described as a symptom of a broken system in which ill and vulnerable people are permitted to live on subways and police are frequently absent.
What will happen to the man who strangled the brawler in the New York subway: what punishment does he face
The U.S. Marine veteran who strangled violent subway passenger Jordan Neely on May 1 is likely to be arrested. Such assumptions were made by legal experts interviewed by Fox News journalists.
Neely, 30, who suffered from schizophrenia, began to speak aggressively on the F train in Lower Manhattan, shouting, throwing his things on the ground. The veteran Marine threw him to the ground and wrapped his arm around his neck. So he held Nili for 15 minutes. As a result, the rowdy died of strangulation. An autopsy determined the cause of death, and the medical examiner classified the incident as a “murder.”
“Even if a person had a reason to use force, it must be proportional. And a 15-minute choke is a very long time. The moment the threatening person is immobilized, you no longer have the right to use force,” said former Manhattan prosecutor Mark Bederow.
There will be murder charges, but most likely without prison
The veteran, whose name has not been released, is likely to face charges of second-degree manslaughter or negligent homicide. Both of these articles do not provide for mandatory imprisonment.
“People calling this cold-blooded murder need to slow down,” Bederow said. “I don’t think anyone can seriously believe that this guy had the intent to kill a mentally ill person. Moreover, there is no reason to believe that he acted with indifference to human life. And that’s what the murder charge entails.”
Neely’s shocking death on the subway sparked demonstrations condemning the actions of the police and calling for the veteran’s arrest.
Several protesters clashed with police officers in Manhattan. As a result, they were detained on various charges – from graffiti to assault. Manhattan District Attorney Alvin Bragg said his office is investigating.
The Marine veteran who killed Neely declined to comment when contacted by phone.
“I’m not interested in answering any questions. Thank you,” he replied.
Former prosecutor Joan Illuzzi-Orbón called the subway case a “difficult investigation.” But she warned against the “politicization” of this tragedy.
“Some see him as a Good Samaritan. And someone – a person who went too far and imagined himself to be the arbiter of the law, – the ex-prosecutor noted. “I understand both sides.”
Illuzzi-Orbón said that if she were investigating the case, she would look for witnesses who could describe Nili’s initial behavior and whether he threatened the passengers. She would also like to know if the veteran was trained in this particular choke hold or performed it in the past. Perhaps the veteran thought he was comforting Neely, the former prosecutor suggested.
In her opinion, a veteran of the Marine Corps charged with malpractice homicide. This is a crime of the lowest level, which suggests that the killer was not aware of the real consequences of his actions. They can also be charged with second-degree manslaughter, a more serious class C crime. It means that the person was aware of the risk, but neglected it.
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Retired NYPD Lieutenant John Macari blamed the tragedy on ineffective political leadership and a sense of growing lawlessness in New York.
According to him, after the pandemic, the city’s subway has become an unofficial shelter for the homeless. Mentally ill people roam the carriages and platforms en masse, and the police fail to provide security.
“The guy who held the other guy in a chokehold is lying on the ground in fear for his life. He is not trained. He does not know the consequences of what will happen. Where are the police? Makari is surprised.
The former police officer said that both the deceased and the suspect were “victims of a broken system.”
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