The potential criminal charges against a U.S. Marine veteran who put Jordan Neely in a fatal chokehold aboard a New York City subway train might depend on whether a “reasonable” New Yorker would have acted similarly
Neely, a locally-known Michael Jackson impersonator who friends say suffered from worsening mental health, died Monday when a fellow rider pulled him to the floor and pinned him with a hold taught in Marine combat training.
“Suppose the Marine says, ‘I honest to God thought I had no choice but to save someone,’ the question would be whether an objectively reasonable person in his circumstances would have felt the same,” Bederow said.by the state's highest court in 1986, in response to Bernhard Goetz's shooting of four teenagers aboard a subway, an infamous case that has drawn comparisons to Neely's death.
No arrests were made by police, prompting outrage from some who demanded criminal charges against the 24-year-old Marine veteran, whose name has not been officially released. Bederow predicted the Manhattan D.A. may choose to bring the case before a grand jury, a process sometimes used in controversial or complex cases. Charge of second degree manslaughter or criminally negligent homicide were most likely, he said.
At the same time, legal experts said Neely’s record would have been unknown to people inside the subway car.
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