At the subway station, however, it is undeniable that Groomes was the aggressor. And New York law requires you to retreat – the opposite of what Groomes did – if indeed you are under attack.



According to Joscelyn, who spoke with me in early April 2015 (and claims not to have been interviewed by the DA’s Office), it was Gilbert and he that were, in fact, retreating – or rather escaping – from Groomes’ attacks on them during the ride into Brooklyn. I will leave the details of that ride for another post about Joscelyn and the charges against him. Suffice it to say that Borough Hall was not Joscelyn’s and Gilbert’s destination, but their escape route after Groomes, in that crowded subway car, took out his gun, loaded it, pointed it at Joscelyn and Gilbert and told them he was going to kill them.



Notwithstanding the DA’s statement, what happened or did not happen during the six-minute subway ride cannot erase – or justify – what we all see did happen at the subway station, thanks to bystanders’ videos: Groomes pursued Gilbert with loaded gun drawn, assaulted Gilbert, then killed him. That cannot not be a crime.



Unless you are in a protected class. There simply is no other explanation and will never be another explanation, unless the DA’s Office voluntarily – or under community or political pressure or legal compulsion – explains in greater detail why Groomes acted within the law. Will Groomes is black (as is DA Thompson), but is being treated like he is blue.