Witnesses have said that Neely claimed he "didn't care about going back to jail" and ominously warned that "someone is going to die today" before Penny put him into a hold to subdue him.
The intent of that is obvious: Make this case about race, not safety. But the prosecution's own first witness threw cold water on that cynical tactic.
High-school student Ivette Rosario, who caught a shaky video said she thought she was "going to pass out" from fear, noting: "I've been in situations on the train where stuff was said, but not like this."
Neely had a history of mental illness and was even hospitalized under a plea deal in an assault case, yet was allowed to sign himself out of inpatient treatment.
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