Jordan Neely – latest: Daniel Penny will face criminal charges for fatal New York subway choking

Alex Woodward

Daniel Penny, the man who held Jordan Neely in a fatal chokehold on a Manhattan subway earlier this month, will face criminal charges.

The 24-year-old former US Marine, who was filmed wrapping his arm around Neely’s neck on the floor of the traincar, will face second-degree manslaughter charges, the Manhattan District Attorney’s Office told The Independent.

The death of Neely, a 30-year-old homeless New Yorker, has inspired widespread criticism and protest.

Even as Neely’s death has inspired scrutiny of New York City’s treatment of homeless people, New York city Eric Adams weakened the city’s longstanding shelter mandate in anticipation of an increase in immigration.

Key Points

Family describes Jordan Neely’s tragic upbringing

06:50 , Josh Marcus

Jordan Neely suffered from “demons” after his mother was murdered in 2007, a lawyer for his family says.

Neely, 30, died on Monday after he was placed in a chokehold on a New York City subway train by ex-Marine Daniel Penny.

Neely was just 14 when his mother Christine Neely was strangled, stuffed in a suitcase and left on the Henry Hudson Parkway in New York by her former partner.

Family members say Jordan Neely fell into a deep depression and never fully recovered from the tragedy, and was homeless at the time of his death.

Bevan Hurley reports.

Jordan Neely struggled after his mother’s murder, family attorney says

ICYMI: Daniel Penny to be charged with manslaughter in Jordan Neely subway chokehold death

06:20 , Sravasti Dasgupta

The man who was filmed with his arm wrapped around the neck of Jordan Neely on a New York City subway traincar will be criminally charged for his death and surrender to authorities as early as 12 May.

Daniel Penny, a 24-year-old former US Marine, will be charged with manslaughter in the second degree, according to the Manhattan District Attorney’s office.

Prosecutors expect his arraignment in Manhattan Criminal Court on Friday, according to a statement shared with The Independent.

Alex Woodward reports:

Daniel Penny to be charged with manslaughter in Jordan Neely subway chokehold death

Everything we know about Jordan Neely

05:20 , Josh Marcus

Jordan Neely, a 30-year-old homeless man, was killed in a New York City subway train on the afternoon of Monday 1 May 2023 after he apparently suffered a mental health episode, leading a fellow passenger to wrestle him to the floor with the help of two others, holding him in a chokehold.

The shocking incident was captured on phone video at the scene, sparking debate among New Yorkers about the rights and wrongs of the vigilante’s actions and the extent to which Neely’s behaviour could have been interpreted as a threat to the safety of his fellow passengers.

Eyewitness Juan Alberto Vazquez, a freelance journalist, told The New York Post precisely what happened after Neely boarded the northbound F train at Second Avenue station.

Here’s what we know about Neely, courtesy of Joe Sommerlad.

Jordan Neely, the man killed in a NYC subway chokehold

Our in-depth investigation into Jordan Neely’s unnecessary death

04:20 , Josh Marcus

Neely’s death has revived volatile media narratives about New York’s homeless population, spinning an act of vigilantism to blame the person killed by it. The mayor and governor were slow to condemn the act of lethal violence, raising questions among New York leaders whether the city considers the life of a homeless Black man less valuable than a white stranger prepared to use deadly force.

Advocates and lawmakers told The Independent that the deliberate and explicit rhetoric surrounding people experiencing homelessness, compounded by prolonged failures of policies meant to help them, have exposed thousands of New Yorkers and vulnerable people across the country to the kind of vigilante violence that killed Neely.

Alex Woodward reports.

Jordan Neely’s death underscores a brutal New York narrative

Who is Daniel Penny, the New York man who will be charged in Jordan Neely’s death?

02:50 , Josh Marcus

A former US Marine who choked Jordan Neely to death on a New York City subway car has been identified as 24-year-old Daniel James Penny.

Neely’s death was ruled by the New York medical examiner’s office as a homicide due to compression against his neck. Video footage and eyewitness accounts show a man believed to be Mr Penny with his arm wrapped around Neely for several minutes until his eyes shut and body goes limp.

New York City Police Department officers attempted CPR upon arrival on the F train at the Broadway-Lafayette platform in Manhattan on 1 May, according to an incident report reviewed by The Independent. Neely was pronounced dead at Lenox Health Greenwich Village hospital.

In a statement shared with The Independent at 7.30pm on 5 May, attorneys for Mr Penny said that when Neely “began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived.”

Here’s everything we know about Daniel Penny.

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

Neely family says Eric Adams isn’t welcome at funeral

01:50 , Josh Marcus

Jordan Neely’s uncle says New York City mayor Eric Adams isn’t welcome at Jordan Neely’s funeral.

Christopher Neely told the New York Post he doesn’t know “any mayor who parties and bulls***s like Adams.”

The family member also said Mayor Adams has falsely claimed to have reached out and offered his condolences to the family.

“Nobody Black that’s in the neighborhood really believes in him,” Mr Neely added. “It’s more him partying at night and coming home at 4 or 5 am.”

How many homeless people are there in New York City?

01:30 , Josh Marcus

The killing of Jordan Neely has brought attention to the plight of homeless people in New York City.

Jordan Neely’s death underscores a brutal New York narrative

At the beginning of this year, the city announced that 70,525 homeless people slept in a New York City shelter on a given night in January, a record high.

New York has the second-highest total number of homeless people in the country, though other cities have higher per capita homelessness figures, according to US News and World Report.

As Neely death highlights homelessness in NYC, Eric Adams cuts protections

01:10 , Josh Marcus

New York City Mayor Eric Adams is weakening a decades-old right-to-shelter mandate to prepare for thousands of newly arrived people in the US after the expiration of a Trump-era policy that blocked hundreds of thousands of migrants from entering the country.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expires at midnight on 11 May.

“No one thought about a humanitarian crisis when they took this court case to a right to shelter,” the mayor said in remarks on Thursday, referencing the 1981 consent decree that guides the statewide mandate. “We could potentially get thousands of people a day in our city. It’s wrong for those who are coming here … and it’s wrong for New Yorkers who are here.”

Alex Woodward reports.

Eric Adams weakens shelter mandate as New York City brace for Title 42’s expiration

An enduring question about Jordan Neely’s death: Who else was involved

Friday 12 May 2023 00:45 , Josh Marcus

Daniel Penny may be facing charges in the Jordan Neely killing, but he reportedly wasn’t the only person involved in hte 1 May incident.

As The Washington Post notes, two other passengers board a Manhattan subway train helped the former Marine hold down Neely, 30, who was homeless.

Officials have not announced any charges, or even publicly named, the other individuals that allegedly assisted Penny, who is being charged with manslaughter.

What has Eric Adams said about Jordan Neely’s death?

Friday 12 May 2023 00:00 , Josh Marcus

The New York City mayor was initially criticised for appearing to equivocate on whether Jordan Neely deserved to die.

He later walked back those comments.

Here’s what Eric Adams had to say.

How a brutal cultural narrative blamed Jordan Neely for his own death

Thursday 11 May 2023 23:40 , Josh Marcus

Jordan Neely’s death was recorded by another passenger and preserved in a widely shared video. The 24-year-old former US Marine who placed Neely in a chokehold was identified by his attorneys on 5 May as Daniel Penny. He was released from police custody after the incident without any charge.

His cause of death was a homicide. The 30-year-old Black man – known for his precise Michael Jackson impersonations on subway platforms while experiencing homelessness in New York City – died from the compression against his neck, according to the city’s medical examiner.

New Yorkers are no strangers to unstable or disruptive people who ride the city’s 6,500 subway cars; subway riders typically keep to themselves and ignore them.

But Neely’s death has revived volatile media narratives about New York’s homeless population, spinning an act of vigilantism to blame the person killed by it. The mayor and governor have not explicitly condemned the act of lethal violence, raising questions among New York leaders whether the city considers the life of a homeless Black man less valuable than a white stranger prepared to use deadly force.

Read more from Alex Woodward’s in-depth look at the case.

Jordan Neely’s death underscores a brutal New York narrative

ICYMI: Who is Jordan Neely?

Thursday 11 May 2023 23:20 , Josh Marcus

Jordan Neely, a 30-year-old homeless man, was killed in a New York City subway train on the afternoon of Monday 1 May 2023 after he apparently suffered a mental health episode and a fellow passenger wrestled him to the floor with the help of two others, holding him in a chokehold.

The shocking incident was captured on phone video at the scene, sparking debate among New Yorkers about the rights and wrongs of the vigilante’s actions and the extent to which Neely’s behaviour could have been interpreted as a threat to the safety of his fellow passengers.

Joe Sommerlad has this look at who Neely was.

Jordan Neely, the man killed in a NYC subway chokehold

Fox News host claims Daniel Penny charges are ‘anti-hero'

Thursday 11 May 2023 22:59 , Josh Marcus

Fox News anchor Greg Gutfeld condemned the expected charges against Daniel Penny, the New York man filmed fatally choking a homeless person on a Manhattan subway earlier this month.

“This is political. It’s pro-criminal. It’s anti-hero. It’s going to be the case of the summer,” Mr Gutfeld said.

“This is going to be a very important point for this city, this state, this country. It’s time for us to get this progressive pro-crime ideology to walk the plank.”

Manhattan DA announces charges against Daniel Penny

Thursday 11 May 2023 22:25 , Josh Marcus

Daniel Penny, the former Marine filmed choking Jordan Neely on a New York subway car earlier this month, will be charged with second-degree manslaughter, a spokesperson for the Manhattan District Attorney’s office told The Independent.

“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” the DA’s office said in a statement. “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”

Daniel Penny expected to be charged in Jordan Neely subway chokehold death

Thursday 11 May 2023 22:17 , Josh Marcus

The man who was filmed with his arm wrapped around the neck of Jordan Neely on a Manhattan subway traincar is reportedly expected to face criminal charges for his death and surrender to authorities as early as 12 May.

It is unclear what the charges against Daniel Penny, a 24-year-old former US Marine, will entail. The charges likely will not be publicly detailed until a court appearance; Mr Penny could be charged with manslaughter, according to The New York Times.

On 1 May, a man identified as Mr Penny wrapped his arm around the neck of the 30-year-old homeless former street performer for several minutes. The city’s medical examiner determined Neely’s cause of death was homicide.

Potential charges were first reported by ABC News and NBC News citing law enforcement sources. A spokesperson for the New York City Police Department told The Independent the matter continues to be under investigation. Mr Penny’s attorneys and a spokesperson for the district attorney’s office did not immediately return a request for comment.

Alex Woodward is following the details for The Independent.

Daniel Penny expected to be charged in Jordan Neely subway chokehold death

Wednesday 10 May 2023 19:03 , Alex Woodward

We’re closing live coverage of the aftermath of Jordan Neely’s death but The Independent will be closely following the case with the Manhattan district attorney’s office and responses from officials and advocacy groups.

Thank you for reading.

Alvin Bragg explains why DA’s office has not publicly commented on the case

Wednesday 10 May 2023 19:00 , Alex Woodward

Manhattan District Attorney Alvin Bragg addressed his office’s investigation into Jordan Neely’s death in his first public remarks on the incident on Tuesday.

Typically, district attorneys do not publicly comment on pending cases to avoid disrupting or tainting investigations.

“Sometimes people peer into the silence and look at that as if the office isn’t doing anything or it’s not important,” Mr Bragg said. “It’s quite the contrary. It’s because it’s our solemn obligation to assess the facts, apply the facts to the law and it’s how gravely and seriously we take that that we don’t speak.”

Neely family asks Al Sharpton to deliver eulogy at Harlem funeral service

Wednesday 10 May 2023 18:40 , Alex Woodward

The family of Jordan Neely has requested Rev Al Sharpton to deliver a eulogy at a funeral service on 19 May at Harlem’s Mount Neboh Baptist Church. The church has asked for privacy on behalf of the family.

“This is an unfathomable and unimaginable tragedy,” Rev Dr Johnnie Green, the church’s senior pastor, told New York’s Pix11.

“This is not my usual terrain, and as we come together in the spirit of healing, action, and perseverance. I can think of no one better, no one more equipped to meet this moment with that grace and guidance than Rev. Sharpton,” he added.

Full story: Eric Adams addresses death of homeless New Yorker after fatal chokehold

Wednesday 10 May 2023 18:01 , Alex Woodward

In his first official remarks on the death of Jordan Neely more than one week after he was fatally choked on a New York City subway train car, Mayor Eric Adams did not mention how the homeless New Yorker died or discuss the events surrounding his death.

He stressed, however, that “Jordan Neely did not deserve to die.”

“One of our own is dead – a Black man, Black like me. A man named Jordan, the name I gave my son,” the mayor said in remarks on 10 May. “A New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were crying for help.”

‘Jordan Neely did not deserve to die’: Eric Adams addresses fatal subway chokehold

Eric Adams: ‘There are more Jordans out there'

Wednesday 10 May 2023 16:53 , Alex Woodward

Mayor Eric Adams continued his remarks laying out his administration’s vision for mental health treatment, including a controversial agenda that allows authorities to involuntary admit people who are considered too mentally ill to be able to care for themselves into mental health treatment.

“There are more Jordans out there,” Mr Adams said. “People who are loved, people who are in need of treatment and compassion.”

“Jordan Neely’s life mattered,” he continued. “He was suffering from severe mental illness. But that was not the cause of his death. His death was a tragedy that should never have happened.”

Mr Adams notably did not discuss the way in which Neely died, after another subway passenger placed him in a fatal chokehold. The city’s medical examiner determined the cause of death was a homicide. No charges have been filed.

“My heart goes out to Jordan’s family who is suffering great pain from the uncertainty of the circumstances of his death,” Mr Adams said. “Too many Black and brow families beat the brunt of a system long overdue for reform. Our work starts with acknowledging that we must reverse the effects of decades of disinvestment in housing, healthcare and social services.”

Eric Adams: ‘Jordan Neely did not deserve to die'

Wednesday 10 May 2023 16:40 , Alex Woodward

Mayor Eric Adams introduced his remarks on the death of Jordan Neely noting a “week of strong emotions” among New Yorkers in the aftermath of his death.

He noted that while law enforcement continues to investigate the fatal chokehold that led to his death, the mayor said that “Jordan Neely did not deserve to die.”

“A New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were crying for help,” he said. “

Neely’s death has “devastated his family and shocked his fellow New Yorkers”, adding that “one thing we can control is how our city responds to that tragedy.”

His remarks have called for support around mental health services while outlining the administration’s other efforts.

Eric Adams to address Jordan Neely’s death

Wednesday 10 May 2023 16:18 , Alex Woodward

Mayor Eric Adams will deliver an address on the death of Jordan Neely at 11.30am ET.

Jordan Neely’s uncle slams Eric Adams

Wednesday 10 May 2023 15:44 , Alex Woodward

The uncle of the man who was fatally choked on a Manhattan subway car on 1 May said he does not have anything to say to Mayor Eric Adams, who said on Monday night that has tried reaching out to the family.

“I don’t have anything to say to Mayor Adams — I don’t know any mayor who parties and bull**** like Adams,” Chrostopher Neely told The New York Post. “Nobody Black that’s in the neighborhood really believes in him. It’s more him partying at night and coming home at 4 or 5am.”

As 11 people were arrested at a vigil and protest demanding action after Neely’s death, the mayor told a reporter for The City during an unrelated event that he has “reached out” to Neely’s family “several times to give them my condolences.”

Christopher Neely said neither he nor Jordan’s father or grandparents have spoken to the mayor.

A statement on Monday morning from attorneys representing the Neely family urged the mayor to call them.

“The family wants you to know that Jordan matters,” the statement adds. “You seem to think others are more important than him.”

Homeless advocacy group to hold vigil outside City Hall for Jordan Neely and deaths of unhoused New Yorkers

Wednesday 10 May 2023 15:36 , Alex Woodward

In February, 74,762 people were sleeping in the city’s shelter system. That figure does not include the thousands of New Yorkers on the city’s streets and subways

Of the 640 deaths among homeless New Yorkers in 2021, 151 were unsheltered.

In the deadliest year on record for New York’s homeless population, 815 people died while homeless in 2022.

VOCAL-NY, an organisation that advocates for unhoused New Yorkers, will hold a vigil outside City Hall on Thursday afternoon to recognise those deaths and the death of Jordan Neely, who was fatally choked on a Manhattan F train on 1 May.

“Instead of providing New Yorkers with basic stability, [Mayor Eric Adams and Governor Kathy Hochul] have defunded our social systems, driven up our rents... all while manufacturing a crime panic that scapegoats the most marginalized,” the group said in a statement.

Foster care reform advocate and friend of Neely: ‘Jordan wanted a home’

Wednesday 10 May 2023 14:00 , Alex Woodward

A community activist who says he grew up with Jordan Neely in foster care said the 30-year-old homeless New Yorker was failed by the same foster system that failed him.

Now an organiser and advocate for foster care reform, Larry Smith moved through 23 different foster homes and endured physical, psychological, sexual and emotional abuse, according to his website.

He told New York’s Pix11 that they met after they were placed in a foster facility in the Marcy Houses in Brooklyn and were moved from home to home over four years.

“Four years of betrayal, rejection. Four years of nervousness. Four years of abandonment. Four years of pain,” Mr Smith told Pix11.

They both aged out of care and into homelessness, he said.

“Jordan could have been housed but nobody cares,” Mr Smith told Gothamist.

“Jordan never wanted money,” he told Pix11. “Jordan wanted food. Jordan wanted resources. Jordan wanted a home.”

ICYMI: AOC discusses Jordan Neely’s death and urgency to respond to homelessness crisis

Wednesday 10 May 2023 13:00 , Alex Woodward

In an interview with New York magazine’s The Cut, New York congresswoman Alexandria Ocasio-Cortez excoriates city and state officials who have refused to condemn the killing of Jordan Neely in precise terms, after Mayor Eric Adams rebuked the congresswoman for her own statements addressing his death.

“I would like everyone to pretend that was their son,” she told the magazine. “I would like anyone to look at that video, see their son, and see if they would say the same thing.”

In the interview, she addresses the failure of public policies to support people experiencing homelessness and their mental health, compounded by rapidly growing costs of living in a city with some of the highest housing costs globally.

“I think in order to stand up for Jordan Neely, we’d have to admit that public decisions made by leaders have been failing,” she said. “Jordan Neely was killed by public policy. He was killed by the demonizing of the poor by many of our leaders. He was killed by the same reluctance for people to see him as human that leaders are exhibiting right now, even in his death.”

She also repeatedly stressed that there is nothing that can justify killing a person, “especially if they are unarmed and not a physical threat to anyone.”

“There’s a hypocrisy to the way many officials talk about public safety. All of these responses are acting as though Neely was the aggressor here, when he was the one who was murdered,” she added. “There’s all this talk about making our public spaces safer, and a person literally killed another human being on the subway. When you create a situation where harming a certain class of people may be excused, then we incentivize this kind of behavior. Anybody can point to anybody else and say, ‘Oh, well, I was scared of them.’”

Manhattan prosecutor leading investigation led case against Trump Organization

Wednesday 10 May 2023 12:00 , Alex Woodward

A spokesperson for the Manhattan district attorney’s office told The Independent last week that “senior, experienced prosecutors” are investigating Neely’s death.

“This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life,” press secretary Douglas Cohen said. “As part of our rigorous ongoing investigation, we will review the [medical examiner’s] report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records.”

The investigation is being led by veteran homicide prosecutor Joshua Steinglass, who led the successful prosecution of the Trump Organization on charges that included 17 tax crimes, including conspiracy and falsifying business records.

Mr Steinglass, a 25-year veteran of the office, has also been at the centre of other high-profile and sensitive cases. He secured convictions against two members of the neo-fascist gang the Proud Boys in 2019 and an undercover police officer involved with an assault in 2015.

Jordan Neely family attorneys respond to statement from Daniel Penny’s legal team

Wednesday 10 May 2023 11:00 , Alex Woodward

In a statement shared with The Independent on 5 May, attorneys for Daniel Penny said Jordan Neely “had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness” and “began aggressively threatening” Mr Penny and others on the train.

Attorneys for Neely’s family criticised the statement, which they said was neither “an apology nor an expression of regret.”

“It is a character assassination and a clear example of why he believed he was entitled to take Jordan’s life,” reads the statement on 8 May from attorneys Donte Mills and Lennon Edwards.

Jordan Neely family attorneys condemn statement from Daniel Penny’s legal team

White House calls for ‘thorough investigation’ into Jordan Neely’s death

Wednesday 10 May 2023 10:00 , Alex Woodward

The death of Jordan Neely demands a thorough investigation, according to a statement from President Joe Biden’s administration, speaking publicly for the first time on the killing of the 30-year-old homeless New Yorker who was placed in a fatal chokehold on a Manhattan subway train last week.

In widely shared video footage, a man identified as 24-year-old Daniel Penny is seen restraining Neely on the floor of an F train while his arm is wrapped around Neely’s neck for several minutes.

“Jordan Neely’s killing was tragic and deeply disturbing,” White House spokesperson Robyn Patterson said in a statement shared with The Independent on 9 May.

White House calls for ‘thorough investigation’ into Jordan Neely’s death

Press association defends photojournalist arrested during protests

Wednesday 10 May 2023 09:00 , Alex Woodward

The New York Press Photographers Association described Stephanie Keith as “an intrepid photojournalist” in a statement of support after her arrest while photographing protests on Monday night.

“We support our colleague and believe that a review of the evidence and circumstances will compel the Manhattan DA to drop any charges against her,” according to a statement obtained by the Associated Press.

Video shows Ms Keith attempting to use a crosswalk before Chief of Patrol John Chell, one of the highest-ranking members of the NYPD, appears to push her back and shout “lock her up” as he moves her towards other officers to be placed under arrest.

She was handcuffed and detained in a police van before her release with a summons.

During a press conference on Monday night, Mr Chell claimed that she “interfered” with NYPD’s arrests. Ms Keith said in a post on her Instagram account that she was standing with other photojournalists far from where the arrests were taking place.

(REUTERS)
(REUTERS)

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