You are right, although it’s not the guy’s fault, and it is a race crime.
I grew up in NY, and the first thing my parents drilled into me about the city was to become deaf and dumb to people with even the slightest hint about making trouble.
And clear out if there is the slightest problem. My mom told me, “The rule to surviving in the city is stay in the good areas, stay off the subway, try never to be alone, and pretend everyone is a nut that doesn’t ooze respectability.
And don’t start or egg on ANY fights. You never know when they are a nut or a violent minority racist.
On a NYC subway train at 5AM, my guess is about 1/3 of the passengers are drunk, 1/3 are crazy, and 1/3 are drunk and crazy.
The guy violated most of the basic New York personal safety rules from dressing like a doofus to riding a subway after midnight.
After midnight, I'd recommend calling a cab, even if you're Charlie Bronson's ghost.