The man accused of pushing and shoving the retired corrections officer who then shot and killed another man in a Brooklyn Heights train station walked out of the courthouse on Thursday, appearing solemn. His only words were for his co-worker, 32-year-old Gilbert Drogheo, who was killed: "rest in peace."

Joscelyn Evering, 28, posted $1,500 bail after his arraignment in Brooklyn Criminal Court. He was charged with misdemeanor assault, misdemeanor attempted assault, menacing and harassment.

Evering, and Drogheo are accused of starting an argument with the retired officer on a Brooklyn-bound train Tuesday night. The former officer, 69-year-old Willie Groomes, boarded the crowded train at Bowling Green, apparently cutting through Evering and Drogheo, Assisting District Attorney Michelle Needle said.

Evering and Drogheo then cursed at Groomes, Needle said. Groomes said they could call him whatever names they wanted but they "had better not put their hands" on him, she said.

The argument continued as the train hurtled through the tunnel towards Brooklyn, and quickly turned physical. At one point Evering allegedly shoved Groomes into a train seat.

The pair then got off at Borough Hall, the first stop in Brooklyn, to transfer to the R train, Evering's attorney Ellen Edwards said. Groomes appeared to follow them up to the mezzanine level where they tussled more and he allegedly shot and killed Drogheo just before 6:40 p.m.

Groomes has not been charged in the incident.

Edwards said there is a lot of video that was taken of the shooting, something she hopes will shed light on the incident. "Thank God for cell phones," Edwards said."The video speaks for itself.

"It could have been anybody," she added. "It could have been me on the train and I could dead right now."