A 23-year-old woman in New York City told The New York Post she declined to cooperate with prosecutors after being attacked on a subway by Rhamell Burke, saying she did not want to 'put another black man in jail.' The same suspect is now accused of fatally pushing 76-year-old Ross Falzone down a flight of stairs at Manhattan's 18th Street subway station.
On April 2, according to the woman, Burke approached her and her friend on a Manhattan subway car and tried to strike up a conversation. When they rebuffed him, he yanked the back of her head and kicked her friend, she said. Police arrested Burke at the West 4th Street–Washington Square station after the woman and her friend fled and reported the attack.
The woman told The New York Post she later declined to cooperate with prosecutors in that case. 'Maybe a part of me was just like, I don't want to put another black man in jail,' she said. 'But at some point, if you are a criminal, you're a criminal.' She expressed regret after learning Burke had allegedly killed Falzone three months later.
On May 10, prosecutors allege Burke pushed Falzone, a retired high school teacher who lived alone, down the stairs at the 18th Street station. Falzone landed on his head and sustained a traumatic brain injury, fractured spine, and fractured rib before dying from his injuries, according to The New York Times.
What the Left Is Saying
Progressive advocates point to Burke's psychiatric evaluation as a systemic failure. According to The New York Post, police had taken Burke to a hospital after observing him 'acting erratically,' but he was released approximately one hour later before allegedly carrying out the deadly attack that night.
"New Yorkers deserve answers," said NYC Democratic Mayor Zohran Mamdani in a statement. "That is why I've directed NYC Health + Hospitals to conduct both an immediate investigation on what steps should have been taken to prevent this tragedy and a comprehensive review of their psychiatric evaluation and discharge protocols."
Criminal justice reform advocates note that the woman's reluctance reflects broader concerns about racial disparities in the prison system, where Black Americans are incarcerated at disproportionately high rates compared to other demographic groups.
What the Right Is Saying
Conservative critics argue the case illustrates dangers of declining to cooperate with law enforcement. Burke had been arrested four times in the three months before Falzone's death, including for assault on a police officer, according to reports.
"This is exactly what happens when criminals are allowed back on the streets," commented one Republican city council member who spoke to reporters at the scene. "Four arrests and he's still free to kill an innocent man."
Public safety advocates have called for stricter enforcement of repeat offender laws and questioned why Burke was released from psychiatric hold after just one hour. Some law enforcement supporters argue that victims cooperating with prosecutors is essential to keeping dangerous individuals off streets.
What the Numbers Show
Burke had been arrested four times in three months before the deadly attack, including charges for assault on a police officer, The New York Post reported.
Police released Burke after approximately one hour following his psychiatric evaluation on May 10. He allegedly carried out Falzone's killing later that night at the 18th Street station.
Falzone was 76 years old and worked as a retired high school teacher living alone in Manhattan, according to The New York Times. He sustained a traumatic brain injury, fractured spine, and fractured rib when he landed at the bottom of the subway stairs.
The woman's attack on April 2 occurred on a Manhattan subway line. Police arrested Burke at West 4th Street–Washington Square station following that incident. She told The Post she did not cooperate with prosecutors in that case.
The Bottom Line
Burke remains in custody facing charges related to Falzone's death. Mayor Mamdani has ordered investigations into the psychiatric evaluation and discharge protocols that allowed Burke to be released hours before the fatal attack.
The case raises questions about coordination between mental health systems and law enforcement, as well as how repeat arrests factor into decisions about detention. The woman's stated reasoning for declining to cooperate highlights ongoing debates about racial equity in criminal justice outcomes.
Authorities are continuing their investigation into both incidents.