Man Acting Erratically On Subway Dies After Being Restrained. Legal Analysis With NY Criminal Defense Attorney, Former Prosecutor David Schwartz on CBS 2 NY.

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a man died after being put in a
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Chokehold on the subway sources tell us
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a former Marine restrained a pastor
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who'd been acting erratically CBS 2's
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Alec browman obtained video from the
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incident we want to warn you you may
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find the images disturbing
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the video is hard to watch so we're only
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showing still frames from it you can see
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a 24 year old Subway Rider putting a 30
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year old man into Chokehold he holds the
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30 year old around the neck for two
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minutes and 55 seconds of this video at
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some points two other Riders try to
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restrain the 30 year old's arms before
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all three let him go lifeless on the
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floor this happened Monday afternoon on
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the F train at the East Houston and
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Lafayette Street Station in SoHo police
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sources tell us the 30 year old man in
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the video had been acting erratically on
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the subway car allegedly throwing trash
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and yelling at passengers we're told the
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24 year old man who's a former Marine
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stepped in to try and quell him things
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turned physical and sources say the
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Marine put him in a Chokehold while
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telling those around to call 9-1-1 when
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police eventually got there they brought
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the 30-year-old man to the hospital
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where he was pronounced dead sources
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tell us police took the 24 year old
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Marine into custody for questioning but
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released him without any charges the
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NYPD is still investigating and waiting
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for the medical examiner to determine
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the official cause of death
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you could only assert as much force as
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necessary in that particular situation
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so was force even necessary I don't know
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we have to see what the investigation
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unfolds criminal defense attorney and
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former prosecutor David Schwartz says
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self-defense may be a tough legal
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argument in this situation was there
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another uh way to subdue this person
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besides getting getting him into a
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Chokehold he says whatever happened
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before this video starts could determine
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which way the case goes was this person
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just causing Havoc or were they
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threatening the lives of others on the
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subway I think the city of New York has
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created conditions as such where things
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like this are gonna happen police
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sources tell us the man who died had
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more than 40 prior arrests at an active
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warrant out for his arrest from a felony
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assault charge in SoHo Ali Bauman CBS 2
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