You actually can. You are not required to wait until someone attacks as long as your belief that you or someone else are about to be attacked is reasonable. |
We don’t know the full story, but I’d be inclined to not charge the marine.
Firstly, What is the line between a nuisance and a threat? Throwing things in an enclosed space filled with people (vs, say, a basketball court) would to me be be an escalated, actionable threat. There is a clear expectation of harm. Secondly, can a regular citizen be expected/required to defend themselves and others in the LEAST harmful way to their attacker? I don’t think that’s a fair expectation. We have seen cases of women being sexually assaulted on subway cars and multiple people choosing not to intervene. If we increase the responsibility burden on people who do try to stop offenders, we will only see more such apathy. |
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I agree with all of this. The Marine was clearly trying to subdue the unhoused person without harming him - but I agree that his impulse wasn't necessary. IMO, he would have been justified in using stronger force against the unhoused person to protect everyone on the train. |
I have seen how some of the mentally ill homeless people act in DC, and assume they are just as bad in NYC. They can be extremely threatening and I would consider what the Marine did as self defense, especially in the closed environment of a train. |
+1 |
Do NOT push the emergency button if you are between stations!!! If you do, the train will stop and it's harder for help to get to you. You may be stopped in a dark tunnel with a live third rail and trains whizzing by going in the same or a different direction so it's super risky to exit the train. Every NYer knows that if there is a sick passenger, including someone having a heart attack or stroke, you WAIT UNTIL YOU ARE IN A STATION to push the emergency button |
Huh? The emergency button doesn’t make the train stop, does it? I thought it only alerted the train operator. |
If someone is fighting you you can do what the marine did. If someone is acting erratically you move away from the person. You don’t kill them. |
What he repealed had nothing to do with involuntary commissions |
Great. When that happens to you, well, make your own choice. I choose to fight back. |
Some[i] cars have an intercom button. It's fine to use that. But there are also true emergency buttons that stop the train. Do not use those.
The emergency brakes in every subway car are there for a reason, but in most cases, you shouldn’t activate it. In fact, you can actually cause more harm by pulling the cord when it’s not necessary — just ask the people who were stuck in a train car full of crickets when someone (who thought they were doing the right thing) activated the emergency brake on a D train in August 2016. Read on for the right time to use it and what to do in other emergency situations. Why are there emergency brakes in every car? The emergency brakes are accessible to the public for specific types of emergencies. In older cars, the emergency brake cords are visibly hanging with red handles, but in newer cars, they are covered. The cover has to be opened, triggering an alarm, to pull the handle. *********************************************************************** If there is a fire, a crime in progress or a medical emergency, you shouldn’t use the emergency brake, especially when the train is between stations, the MTA says. Activating it in these cases would make it more difficult for emergency responders to get to the train. The sudden stop also can cause injury, the MTA said. “When you activate the emergency brake the train can stop very suddenly, someone could get hurt just falling over,” MTA board member Andrew Albert said. So what should you do in an emergency? In any emergency, the first thing you should do is notify the train crew in person or through the intercom, if there is one, the MTA says. You should then follow the instructions of the crew and don’t go onto the tracks unless you’re instructed to, as they could still be electrified. See https://www.amny.com/transit/subway-emergency-brake-1-31424967/ I don't know whether the marine and the others had an intercom button available in this car, but LOTS of NYC subway cars do not have intercom buttons. |
Great and you will be charged. |
Then you belong in jail along with this man. I predict he will be charged eventually. |
This guy is getting charged, I guarantee it. No reason to put someone in a chokehold for 15 minutes, especially with other men helping to contain the mentally ill man.
It was disproportionate use of force relative to the risk. No gun or knife was drawn. |