Back in mid October, we did the story about a subway surfer that died up around 155th Street. Read the original story here.

At the time, witnesses said they saw Benjamin Brooks, 23, subway surfing, he fell, and was killed.

Well, now Brooks’ sister is writing in to comment. She says we should lay off, it was a tragedy, and he was just “…riding to get in the cart.” Here’s what she says:

benjimin was never pushed nor was he train surfing…..hes was riding to get in the cart…..before you make any judgement get your fActs straight because this was a tradgedy……plus people die doing all types of risky hobbies….so leave my brother alone and allow him to rest in peace!!!!!!!!!

Ok, first of all, what the hell does “riding to get in the cart” mean? Was he riding on the roof, hoping to get inside?

Secondly, look at date this was first published. It was published before the official results were published.

Third, I clearly said:

If it turns out that the kid accidentally fell off an overpass, onto the top of the train, and then surfed it downtown, I will retract my statement.

Fourth, people that were actually there said they saw him on top of the train. Those are called witnesses. I’m gonna go with no. Were you there?

Fifth, let’s look at those “facts” you say I need to get straight. Here’s what the New York Times published the next day:

But yesterday, the police said that it appeared that the dead man, Benjamin Brooks, 23, had simply missed a southbound C train at 155th Street and St. Nicholas Avenue in Harlem around 6:30 p.m. His friends were already inside, the authorities said, so Mr. Brooks apparently decided to hang by his fingers, and balance by his feet, from the outside of the car’s door.

When the train entered the tunnel between 155th and 145th Streets, Mr. Brooks, who had been living at a homeless shelter in Harlem, was apparently shorn from its side, the authorities said.

Well well well. It seems that your brother was just as dumb as suspected. Instead of just catching the next train, or waiting for his friends to get off the next stop and come back, your brother decided to cling onto the outside of the train like Spider Man. Only, he doesn’t have super powers.

Remember this video, and how appalled we all were? Yeah, this is the kind of thing your brother did.

So yeah, my judgment was was pretty accurate. I was wrong, he wasn’t surfing on top of the train. He was just voluntarily clinging to the side of it.

I’m sorry, this wasn’t a tragedy. This was an someone doing something that any normal person knows would get them killed. Just because it did get him killed doesn’t mean it was a tragedy. If I decide to lay down in the middle of the Lincoln Tunnel to take a nap and get run over, that is not a tragedy.

It would be a tragedy if someone was severely hurt inside the train when they had to slam on the brakes when they realized he was shorn from the side of the train. It would be a tragedy if a rescue worker was killed trying to save his life. However, your brother getting killed, while sad, was exactly the outcome that should be expected when someone does something that stupid. Oh, and by the way, riding outside the train is also illegal, so that makes the situation a crime too.