Man who shot passenger on New York subway with own gun will not be charged

A 32-year-old man who shot a fellow passenger in the head on a New York subway train will not be charged because he was acting in self-defence, prosecutors said.

Terrified New York City commuters were left trapped in a carriage as gunfire rang out when a fight got out of control on Thursday during rush hour.

The shooting occurred around 4.45pm, when a 32-year-old man was confronted by an “aggressive” 36-year-old named by local outlets as Dajuan Robinson.

The incident started as a verbal dispute between the passengers but escalated quickly into a fight as the train left Nostrand Avenue station in Brooklyn.

During the altercation, Mr Robinson barked “I’ll beat you up” before hurling insults at the other man in an apparent attempt to instigate a fight.

Mr Robinson is alleged to have pulled out a gun during the course of the fight but it was later used on him as the two men wrestled with it.

Police said he had been left in a critical condition after being shot in the head. It is not clear whether he will survive.

Oren Yaniv, a spokesman for the Brooklyn district attorney’s office, said the incident in “a crowded subway car was shocking and deeply upsetting”.

He added: “The investigation into this tragic incident is ongoing but, at this stage, evidence of self-defence precludes us from filing any criminal charges against the shooter.”

The shooting follows a series of high-profile assaults on commuters and transit workers on New York subways that have left three dead this year.

Just over a week ago, Kathy Hochul, New York’s Democratic governor, deployed 750 National Guard members to the subway network in an attempt to crack down on crime.

During the altercation, the 36-year-old assailant then lunged at the man, pushing him on to the seats and punching him several times, footage posted online shows.

“Come on, there’s babies on here!” one woman can be heard pleading on the video.

As the fight continued, a woman could be seen appearing to stab the assailant multiple times in the back. It was not immediately clear that she had a weapon but the 36-year-old was heard yelling out “You stabbed me?” to the woman, as blood seeped through his shirt.

At one point, the aggressor, dressed in all black, flashed a sharp object believed to be a knife or a razor blade before digging through his jacket to retrieve a gun, said Michael Kemper, the police department chief of transit, at a press conference.

As the gun was pulled, commuters screamed and rushed to the opposite side of the train car with several passengers ducking for cover.

The man being attacked yanked the gun from the assailant before firing several rounds, according to reports. At least four shots can be heard in footage, with the assailant reportedly being shot in the head.

Passengers can be heard desperately yelling “get me out” before the car doors were opened at the Hoyt–Schermerhorn station, as officers with guns drawn rushed into the train car and arrested the man who fired the shots.

Joyce Philippe, an ABC journalist who was on the train in a different car, posted a video to social media where one woman can be heard screaming “Where’s the NYPD? Oh, my God”.

“People were crying, praying, huddled amongst each other,” Ms Phillippe told The New York Post. “It was a very fearful moment”.

It’s not yet clear whether the victim-turned-gunman will face charges, with police stating that the “victim appears to be the aggressor”.

Locals were left questioning the use of the National Guard when they learned that none were at Hoyt–Schermerhorn station.

Z‌ara Jones, a New York resident, told The Post: “I thought they were bringing in the National Guard and extra to stop these kinds of things from happening. If they can’t stop it, who can?”

“Why are shootings on the subway becoming a regular occurrence? There’s too many guns and too many people willing to use them indiscriminately. It makes me sick”, Ms Jones added.

Since the beginning of the year there have been eight shootings on the New York City transit system, up 700 per cent from the same time period in 2023.

The National Guard was introduced to patrol the subway and perform bag checks but passengers had the right to refuse.