NYC woman declined to press charges against subway shover 'because she didn't want to put another black man in jail'... weeks later he allegedly killed retired teacher, 76, at station

Published: 14:53, 11 May 2026 | Updated: 14:53, 11 May 2026 A young woman in New York City said she declined pressing charges against a violent suspect because she didn't want to put 'another black man in jail,' weeks before he allegedly killed a 76-year-old retired teacher.  The 23-year-old woman anonymously detailed how she and a friend narrowly escaped Rhamell Burke, 32, after he allegedly attacked them while riding the subway on April 2. The straphanger told the New York Post she now completely regrets her decision not to work with prosecutors after Burke was charged with murder on Friday for allegedly shoving 76-year-old Ross Falzone down a flight of stairs to his death at a subway station Thursday night. 'Maybe a part of me was just like, I don't want to put another black man in jail, but, you know, at some point, if you are a criminal, you're a criminal, and he was scary, he was a scary guy,' the unidentified woman told the outlet. She claimed the 'scary guy' she declined to press charges against initially approached her and her friend in a subway car, trying to engage in conversation. When they decided to switch carts, Burke, who has multiple recent arrests, allegedly stalked them from behind, kicking her friend in the back, shoving him forward before grabbing her by the back of the head. 'My friend freaks out, runs away, and then he grabs me by the head and pushes my head down, trying to like maybe throw me on the ground or something,' said the woman. 'But I didn't, I resisted as much as I could. I didn't fall, and then I immediately opened up the car and then ran towards my friend.' Police say Rhamell Burke was released from Bellevue Hospital roughly five hours before the deadly subway attack on Ross Falzone (Pictured) on Thursday Rhamell Burke, 32, was charged with murder on Friday after he allegedly shoved the retired teacher down a flight of stairs of a subway station She claimed Burke kept pursuing them even after they escaped the train at West 4th Street station.  'We started running a little bit, but then thank God the cops were right there because, I mean, we kept thinking about, imagine that there were no cops, we would have had to literally run for our lives,' she told the outlet. 'They immediately arrested him. It was shut down really fast by the cops and we respected that.' She claimed the situation left her in shock, but she did not pursue any further action against her alleged attacker. Roughly five weeks later, police say Burke pushed Falzone down a staircase leading into the 18th Street subway station at 9.30pm while still wearing a hospital psychiatric bracelet. An investigation was launched into how the suspect was evaluated and discharged from Bellevue Hospital barely an hour after police brought him there on Thursday afternoon. Falzone suffered catastrophic injuries, including a traumatic brain injury, fractured spine, and broken rib. He was rushed to Bellevue Hospital - the same hospital Burke had been released from hours earlier - where he died shortly before 3am Friday. Falzone suffered catastrophic injuries, including a traumatic brain injury, fractured spine, and broken rib. He died shortly before 3am Friday Burke was allegedly still wearing a hospital psychiatric bracelet during the attack after he was discharged in less than an hour   According to police, Burke's interaction with authorities began around 3:30pm. Thursday outside the NYPD's 17th Precinct stationhouse on East 51st Street. Police said Burke was acting erratically and had grabbed a stick from a pile of trash before approaching officers. Authorities ordered him to drop the stick, which he did seconds later. Officers then transported him to Bellevue Hospital as an emotionally disturbed person for psychiatric evaluation. Brad Weekes, assistant commissioner of public information for the NYPD, said Burke arrived at the hospital around 3:40pm and was taken into Bellevue's Comprehensive Psychiatric Emergency Program for evaluation and treatment, but was released approximately an hour later. Roughly five hours after walking out of Bellevue, police say Burke encountered Falzone on Seventh Avenue near West 18th Street. Surveillance footage reviewed by investigators allegedly showed Burke walking about 30 yards behind the retired teacher before suddenly rushing forward and violently shoving him down the subway stairs. Police tracked Burke down Friday afternoon inside Penn Station, where two detectives recognized him from surveillance images and took him into custody Police later circulated surveillance images that appeared to show Burke still wearing his hospital bracelet after the attack. The suspect fled the scene, leaving Falzone unconscious on the station staircase. Responding officers found Falzone unresponsive before medics transported him to Bellevue, where he later died. Police tracked Burke down Friday afternoon inside Penn Station, where two detectives recognized him from surveillance images and took him into custody. By Friday evening, Burke was awaiting charges. Authorities said Burke had already been arrested four times in just the past few months. His recent arrests included allegations of assaulting a Port Authority police officer on February 2, burglary on February 14, resisting arrest on February 25, and assaulting another person on April 2. Despite the repeated arrests, Burke had been granted supervised release after at least one of the incidents, according to police. According to the Post, he was eventually charged with assault for the April attack and granted supervised release at arraignment. No comments have so far been submitted. Why not be the first to send us your thoughts, or debate this issue live on our message boards. By posting your comment you agree to our house rules. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Your comment will be posted to MailOnline as usual. Do you want to automatically post your MailOnline comments to your Facebook Timeline? Your comment will be posted to MailOnline as usual We will automatically post your comment and a link to the news story to your Facebook timeline at the same time it is posted on MailOnline. To do this we will link your MailOnline account with your Facebook account. 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