On February 16, the day after her sister was killed in the coldstream guard exchange at Niagara Falls, N.Y., 21-year-old Emily Miller went to the New York City Transit Authority station to buy food.
The station was full, but the cold water was too cold to hold a seat.
Miller had been scheduled to travel to Connecticut for a business trip.
She was excited to be able to get a train out to New York, but when she walked in the door she found a group of people who seemed hostile.
Emily, who was a new grad from Syracuse University and a member of the New England Patriots, knew the police would be in the area, but she had no idea that her sister would die the next day, because the cold had kept her out of her seat and she was standing near her sister’s body.
“I felt like she was in a war zone,” Miller told ABC News.
“It was like someone had been in the wrong place at the wrong time.”
In the video, which was released by the police department, a woman who appears to be Miller can be seen kicking the back of a woman in the middle of the crowd, and two other women jump on her as she leaves the platform.
“She was like a rag doll, she was like, ‘Why you guys were throwing shit at me?'”
Miller said of the woman who kicked her sister.
“But then when I looked at her, I realized it was her, because she was so angry and I didn’t know what to do.
So I got up and she punched me.”
Miller said she was not punched.
The woman she punched is described as being Hispanic and wearing a black shirt.
She also told Miller that she was “very angry” that she had to fight someone.
“So I got on her and she hit me with her baton,” Miller said.
The crowd began to disperse.
After Miller left, another woman approached her and asked for her wallet and phone.
“You’re supposed to keep it.
Don’t give it to me,” Miller was heard saying.
“No, no,” the woman responded.
“We’re going to pay you for this,” Miller replied.
Miller told The New York Times that she tried to get the police to intervene and get her sister back, but they said they would not.
The video shows a female officer telling Miller that “there’s no way she can go back in the building.”
Miller told the paper that she went to a police station the next morning and told the officers about what had happened.
The next day the police officer told her she was fired.
Miller’s attorney, Michael Cohen, said that he has filed a wrongful termination lawsuit against the police.
“The New York State Police were clearly negligent, and she would not be here today if they hadn’t been,” Cohen said.
“And I think she has a valid grievance because they did nothing for her, and they violated the First Amendment, they violated her rights, they went above and beyond what they were supposed to do.”
“It is not about the video,” Cohen added.
“This was a case of a person who was very, very distraught, very upset, very frightened, and this was clearly not handled in a professional way.”
Miller’s case sparked outrage from people across the country, who expressed anger that a woman should be fired for taking her sister to the cold, and also said that the police were “too nice.”
“I can’t imagine how many of the people on that train, or on that bus, could have been so nice,” Emily Miller told reporters after the incident.
“If the police hadn’t put up a wall and made sure the entire train and the entire bus was in lockdown, she could have gotten killed.”
In a statement to ABC News, a spokesperson for the NYSP said that officers responded to the scene of the incident and found a male subject, who then fled.
“Upon arrival, the male subject fled, and officers located him in a public park several blocks away, where he was apprehended by officers,” the spokesperson said.
Miller was charged with disorderly conduct and obstruction.
She pleaded guilty to disorderly conduct, resisting arrest and obstructing public transit.
Miller is currently in a psychiatric facility in Syracuse, according to her attorney.
The NYSP spokesperson did not respond to ABC’s request for comment on Miller’s wrongful termination case.
According to the U.S. Department of Justice, more than 5,000 people have died as a result of the cold-stream exchange since it began in 1873.
More than 1,500 people have been arrested in connection with the incident, according the department.