No charges for ret. correction officer who fatally shot man in Brooklyn subway station

DOWNTOWN BROOKLYN (WABC) -- The retired correction officer who shot and killed a man at a Brooklyn subway station will not face charges.

An autopsy shows Gilbert Drogheo died from a bullet to the heart. Police say he was shot by retired correction officer William Groomes after a dispute at a Borough Hall station.

Brooklyn District Attorney Ken Thompson released a statement saying, "Following a full and fair investigation into the fatal shooting of Gilbert Drogheo inside the Borough Hall subway station on March 10, 2015 by retired Corrections Officer William Groomes, I have determined that criminal charges are not warranted in this matter. Based on interviews of multiple eyewitnesses to the events leading up to the shooting, our review of video tapes of the shooting itself and other evidence, I have decided not to put this case into the grand jury and will not bring criminal charges against Mr. Groomes. While the death of this young man was indeed tragic, we cannot prove any charge of homicide beyond a reasonable doubt."

One man was arrested in connection with the subway train confrontation that ended with the shooting.

28-year-old Joscelyn Evering is charged with assault and menacing stemming from the encounter on the train involving the retired officer.

He was released on $1,500 bail.

Evering, Drogheo and Groomes got off the train during evening rush hour at Borough Hall station and police say the former officer shot Drogheo. Panic spread through the station after commuters saw a gun. The ex-officer has been questioned as part of the probe but hasn't been charged.

He told police that as he was getting on the number 4 train, Drogheo and Evering starting calling him names.

"Mr. Groomes was attacked by two men on the subway, unprovoked..some racial slurs as well," said NYPD Chief of Detectives Robert Boyce.

In court, authorities said Evering "repeatedly pushed and shoved" Groomes, injuring him.

Groomes maintains he had identified himself as an officer and pointed his licensed 9mm handgun at Drogheo, followed the victim and reportedly tried to arrest him.

Evering huddled over his friend, begging Drogheo to get up. Those moments were captured on cell phone video after the deadly subway shooting.

Groomes told investigators he acted in self-defense, and that he got into an argument after one of the men said something offensive to him. The argument quickly spilled out onto the mezzanine level of the station, ending with shots fired.

Evering's mother had said she doesn't buy the retired correction officer's story.

"No, no, they're coming home from work, they're dusty. All they think about is coming home and taking a shower," said Paula Livingston, Evering's mother.

Evering has 10 prior arrests, many drug related. Drogheo had 23 prior arrests, including robbery and drugs. Both were studying to be electricians.

Groomes' neighbor and fellow correction officer defended his actions.

"I believe if he felt threatened, yes, this is why you have a gun after you retire. We work with criminals. If he felt threatened, then yes by all means protect yourself," said Sakkim, Grooms' neighbor.