"Subway Slayer" Case: Victim Caused Fight To Fall To Tracks, Court Docs Show

Categories: Justice?
beauchamp.jpg
NYPD
Ryan Beauchamp apparently started the fight that resulted in the death of 20-year-old Joshua Basin -- but Basin moved it to the subway tracks.
This morning, a source brought it our attention that the suspect in last week's "subway slaying" case has been charged with a collection of misdemeanors in the death of 20-year-old Joshua Basin, not the felony murder -- or even manslaughter -- rap many had been hoping for.

Well, there may be a reason 33-year-old Ryan Beauchamp avoided any felony charges -- it appears Basin is the one who moved the scuffle the two men were involved in (prior to his getting hit by a train) from the subway platform to the tracks.

The Kings County District Attorney's Office declined comment when asked why Beauchamp wasn't hit with more serious charges, but the DA provided us with a copy of the complaint, which shows that witnesses say Basin actually was the one who landed the two men on the subway tracks.

According to the complaint, witnesses told responding officers that they watched Beauchamp "poke" Basin in the chest while the two men were inside of a Brooklyn-bound "L" train about 10 p.m. Friday.

When the train came to a stop at the Bedford Avenue station, Beauchamp grabbed Basin by the back of his shirt and pull him out of the train onto the subway platform. The two men then got into a fist fight, during which each man threw punches.

In the middle of the fist fight, Basin jumped on Beauchamp, causing the two men to fall onto the tracks. Beauchamp was able to get off the tracks, but Basin wasn't as lucky -- he was hit by an oncoming train. He was pronounced dead on arrival at Bellevue Hospital.

Beauchamp now faces two counts of attempted third-degree assault, harassment, and disorderly conduct.

Based on the complaint, it still appears that Beauchamp (whose only prior conviction is for a violation of park rules for being in Central Park after hours) started the fight that resulted in Basin's death -- and he's only getting charged with misdemeanors.

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11 comments
Peter
Peter

They could probably pursue a manslaughter charge. They s there was no ntion or malice involved in t

First degree murder = planned/ intentionalHe went out to kill someone by pushing then on tracks. Doesn't matter if he knew him or not.

Second degree murder = intentionalHe didn't go out to do it but pushed him on tracks due to other emotions/ motivations at the time with the intention of killing him.

Manslaughter = neitherHe caused him to fall on track unintentionally which resulted in his death.

Neither of these apply hence the lower charge. The problem with the law is it doesn't cover dangerous places otherwise all of the above would apply. For example if you started a fight in a subway its reasonable to expect the victim may fall on the track and die. You also have to consider what charges would have been filed if the other guy had died. As with all victims of crime they are always the ones that lose.

TMou
TMou

This is just pathetic.  

Rich
Rich

KEY SENTENCE: "Beauchamp grabbed Basin by the back of his shirt and pull him out of the train onto the subway platform" He should be charged with MURDER! This is an outrage! What the f***K is wrong with this city. This lowlife deserves jail. His mother just buried her only son, who indeed had a whole life ahead of him. And he gets to live on, doing NOTHING but begging us hard workers for money. Jesus Christ Joshua I. Basin did not deserve this, nor does him family and friends.

Pixxiemeat
Pixxiemeat

If Ryan was driving a car (drunk) and accidentally hit him, this would be manslaughter. But if Ryan is riding the subway (drunk) and intentionally starts a fight, it is attempted assault and harassment.My thoughts are with Joshua Basin's shattered family.  

Clint Eastwood
Clint Eastwood

between this and the Zimmerman/Martin thing, i'm starting to be annoyed at how, if two people fight and one person dies, the survivor will take ALL blame and become a national pariah, even if signs point to the other person instigating everything. 

bobthelob
bobthelob

Well I'm no lawyer but I guess if he'd dragged Basin on to the tracks it would have been manslaughter.  As it stands it was surely assault, but ended up as just an extremely unfortunate tragedy that he died.  That being said, I'd prefer if Mr. Beauchamp wasn't wandering the streets.

Peter
Peter

Ignore the first paragraph I forgot to omit it. A friend of mine used to know the victim a few years ago.

rick p
rick p

he intended to fight him...he didn't intend to kill him....murder or manslaughter charges require intent...."mens rea' is the latin term for "guilty mind" and it's got to be present for criminal charges to applythe Basin family might prevail in a wrongful death suit in order to get some retribution

Hey
Hey

Zimmerman did nothing.wrong

James King
James King

I'm no lawyer, either. However, I do know there's a little something about a death that happens during the commission of a felony. And misdemeanor assault turns into felony assault real quick when a vague "serious injury" occurs. Now I'm no fan of creative prosecution, but this just sucks. Feel horrible for this kid's family.

Bridalshop256
Bridalshop256

Oh, because the other person in the story is black. Well, the audio tapes are in and has been determined that it was Mr. Martin screaming for help, not Zimmerman.  You cannot have blacks as your racist sacrifices anymore.  Get. over. it.

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