Protesters gathered in New York City on Wednesday, May 3, days after a man was killed on the city’s subway when he was restrained by passengers and locked into a chokehold. Authorities say at least three people tackled Jordan Neely, who had been shouting at people on the train.

Witnesses described Neely as acting in a “hostile and erratic manner,” police said. Other reports indicate Neely had been throwing garbage at passengers. However, it is unclear exactly how the sequence of events played out.

Among those who restrained Neely was a U.S. Marine veteran who could be seen on video with his arm tightly around Neely’s neck.

Medical examiners later ruled Neely’s death as a homicide.

[It was pretty clearly a “homicide,” which means a death at the hands of another. Even if Neely had drugs in his system, the chokehold caught on video would have been contributory to the death, which again would make it a “homicide.” The question will be whether it was justifiable homicide in self-defense, and if not, what level of “homicide” it would be. I’d bet on self-defense, but prosecutors could argue that it was a negligent homicide — no intent but still criminal. That would put the veteran at risk for a four-year prison term as a class-E felony. I doubt that any jury with subway riders would convict, though. — Ed]