Lets go over the facts one more time..
"Neely boarded a
New York City Subway train at the
Second Avenue station just before it departed and reportedly began screaming that he was hungry and needed a job, saying that he was not afraid of going to prison and was ready to die, and threatening people. Freelance journalist Juan Alberto Vázquez, who witnessed the incident, said that Neely removed his jacket and threw it violently to the floor, resulting in other passengers moving away from him. Vázquez said that he did not see Neely assault anyone. Other witnesses reported fearing death from Neely's actions, including him throwing trash at other passengers and approaching people."
The more you look at it.. the victim is the instigator..