Legal experts weigh in on the type of charges that could come down if prosecutors pursue a criminal case.
Make your contribution now and help Gothamist thrive in 2023.If the person who placed a 30-year-old Black man in a lethal chokehold on the subway is to face criminal charges, police and prosecutors will have to build a case showing his actions weren’t justifiable under the state’s penal law.
, ruling his death a homicide. That ruling opened the possibility of criminal charges against the man who was shown in a video placing Neely in a chokehold on the F train Monday as two others held his arms. Instead, she said, prosecutors could consider second-degree manslaughter — which applies when someone “recklessly” causes a death — or criminally negligent homicide, a lower level felony. In either case, prosecutors would have to show the individuals who choked and restrained Neely didn’t have legal justification to do so — basically, that they weren’t reasonably acting in self defense, Christian added.
Juan Alberto Vazquez, a journalist, shot the video of Neely’s death, which has circulated widely on social media.
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