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Brooklyn DA says no charges for NYC subway shooter who critically injured man in fight

Police retrieved a firearm used in a shooting Thursday on a New York City subway train. Photo courtesy of NYPD/X
Police retrieved a firearm used in a shooting Thursday on a New York City subway train. Photo courtesy of NYPD/X

March 15 (UPI) -- A 36-year-old man was in critical condition Thursday night after being shot following a confrontation on a crowded New York subway train, authorities said.

Transit Chief Michael Kemper of the New York City Police Department told reporters during a press conference that the shooting occurred on a northbound A train at about 4:45 p.m. Thursday.

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He said the 36-year-old was already on the train and the situation began when a 32-year-old boarded at the Nostrand Avenue station.

Authorities said Friday that the shooter would not be prosecuted and was acting in self-defense.

"The investigation into this tragic incident is ongoing but, at this stage, evidence of self-defense precludes us from fling any criminal charges against the shooter," said Brooklyn District Attorney's Office spokesperson Oren Yaniv.

Police don't believe the two men knew each other, but multiple witnesses reported the 36-year-old was acting aggressive and provocative toward the 32-year-old.

"Words were exchanged between the two and during the words it became physical," he said.

During the argument, the 36-year-old displayed a sharp object Kemper described as either a knife or razor blade at the other man before putting it away.

A nearly five-minute video of the incident shared online shows the older man repeatedly threatening "to beat" the 32-year-old who at one point stands and squares up to fight. Passengers on that end of the train scamper to the other.

During the fight, a woman who seems to have been with the younger man appears to stab the older man in the lower back with an unknown object.

The two men eventually disengage with the assistance of a third man, but the 36-year-old continues to issue threats at the 32-year-old. He then grabs his jacket that he had previously thrown onto subway seats and pulls a gun from its pocket.

With the gun in his hand, the older man is seen walking aggressively toward the 32-year-old as the train pulls into Hoyt-Schermerhorn station. Passengers, including the person filming, crush to the back of the train, which they leave as the doors open.

The crack of what sounds of three gunshots is heard.

Kemper told reporters that the younger man had wrestled the gun from the older man and then fired the weapon at least one.

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The 36-year-old was struck and was transported to the hospital, where he was undergoing surgery, Kemper said.

MTA Chairman Janno Lieber said the other victims of the attack were the riders who had been terrified and called for more gun control.

"They just trying to go about with their lives. Just get rid of the guns," said Lieber.

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