The retired correction officer who killed a foul-mouthed straphanger inside a busy Brooklyn subway station told cops he was trying to arrest the victim for assaulting him on the 4-train, law-enforcement sources said Wednesday.
But Willie Groomes, 69, had no legal authority to make a bust when he followed Gilbert Drogheo, 32, into the Borough Hall station around 6:30 p.m. on Tuesday and shot him during a struggle, the sources said.
He was also on a sedative when he spoke to investigators, and the statements are likely inadmissable, the sources said.
Groomes returned to the 84th Precinct station house for a second round of questioning Wednesday and was released without charges. The Brooklyn DA is deciding whether to bring a case.
"The issue is whether the correction officer confronted him to shoot him or if it was just happenstance that they met again on the mezzanine and he feared for his life," a law-enforcement source said. Another source said: "What it's probably going to come down to is whether or not that's his stop."
Norman Seabrook, head of the city correction-officers union, said Groomes was "remorseful" but insisted he was legally justified when he "used deadly physical force to protect himself."
"He has not been arrested, and I don't think he will be arrested. He's answering every question the detectives have for him," Seabrook added.
Drogheo's pal, Joscelyn Evering, 28, of Brooklyn, who was with him on the train and in the station where he was killed, was charged with assault and menacing of Groomes, the NYPD said.
Drogheo's uptown apartment building.Photo: Robert Miller
Records show he served a five-year prison sentence for a Brooklyn holdup and was locked up for violating parole in 2012. At the time of his death, he was on probation in New Jersey for a May 2014 incident in which he punched a woman in the mouth and threatened to kill her.
Sources said Drogheo and Evering were headed to a Dallas BBQ restaurant when Groomes squeezed between them on the Brooklyn-bound train at the Bowling Green station.
Witnesses told cops that Drogheo and Evering — who appeared drunk or high — heaped verbal abuse on the older man.
"The guy who got shot told the correction officer on the train, 'I'm going to hit you so hard your children and uncle are going to feel it,' " a source said.
Additional reporting by Kirstan Conley, Natasha Velez, and Dana Sauchelli
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