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I think they tried to throw the book at him, but the jury just didn't go for it. New Yorkers will put up with a lot of libshittery but they know that the subways are a shit show right now and they're fed up with it. The race-baiting isn't strong enough to overcome their frustration at an actual source of inconvenience in their daily lives (I know some New Yorkers and even the ones that don't regularly ride the subway do so specifically because they know what it's like down there these days. They'd love to use it again if it weren't a warzone). I'm not surprised a New York jury would acquit a guy who was just doing something that most of them quietly wish someone would.