Former Manhattan Assistant District Attorney Mark Bederow told “Fox & Friends” Friday that charges could be coming against the U.S. Marine veteran accused of killing a New York City subway passenger after placing him in a chokehold, but added it is “ridiculous” to suggest what happened is murder.


MARK BEDEROW: I would be worried that he could be charged with manslaughter charges or criminally negligent homicide charges. I think he should be worried. Because there is a video of him holding nearly choking him, using what lawyers call deadly physical force. And if he was not authorized to use that force, then he’s potentially facing charges. And one might assume or believe that he just was not justified because he didn’t appreciate the risk that a reasonable person should have, which is by choking someone, it’s likely to cause their death, particularly a Marine who presumably is well-trained in the use of that kind of force.

The tweet by AOC is ridiculous for a member of Congress to say something like that. Legally this will never be a murder case. There is zero percent chance that this Marine will ever be charged with intentionally trying to kill Mr. Neely. 

After subway passenger Jordan Neely, 30, began ranting on the F train in Lower Manhattan, the former Marine dragged the mentally ill man to the ground and held him with his arm over his neck for 15 minutes, according to a bystander who shot now-viral cellphone video of the incident.

The shocking subway death has spurred demonstrations decrying police and calling for the vet’s arrest. Several protesters clashed with officers in Manhattan, resulting in arrests Wednesday on charges ranging from graffiti to assault. 

“Jordan Neely was murdered,” Rep. Alexandria Ocasio-Cortez, D-N.Y., wrote on social media. “But [because] Jordan was houseless and crying for food in a time when the city is raising rents and stripping services to militarize itself while many in power demonize the poor, the murderer gets protected [with] passive headlines [and] no charges. It’s disgusting.”

Manhattan District Attorney Alvin Bragg said his office is conducting an investigation.

Fox News’ Rebecca Rosenberg contributed to this report.

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