Jordan Neely – latest: Daniel Penny identified as ex-Marine who fatally choked homeless passenger

A former US Marine who placed Jordan Neely in a fatal chokehold on a New York City subway train has been identified as Daniel Penny in multiple reports.

The 24-year-old man has reportedly hired attorney Thomas Kenniff, who unsuccessfully ran as a Republican against Alvin Bragg for the office of Manhattan district attorney in 2021. Mr Bragg received more than 80 per cent of the vote.

Manhattan prosecutors are investigating Neely’s death after the city’s medical examiner determined the 30-year-old man, a Michael Jackson impersonator who was experiencing homelessness, died from the compression against his neck. His death was ruled a homicide. No arrests have been made.

Harrowing footage filmed by journalist Juan Alberto Vazquez captured the fatal encounter that unfolded on an F train in Manhattan on Monday afternoon.

The incident has sparked protests across the city demanding justice for Neely’s killing, while federal, state and local officials have condemned volatile political rhetoric surrounding homelessness and the lack of urgency from Mayor Eric Adams.

Key Points

• Passenger who placed Jordan Neely in fatal chokehold identified

• AOC: ‘Jordan was houseless and crying for food in a time when the city is raising rents and stripping services’

• Neely’s relatives speak out: ‘The system failed him’

• Chokeholds banned by most police and federal agencies

• In pictures: New Yorkers march in protest against death of Jordan Neely

Neely’s mother had been murdered in 2007

14:30 , Bevan Hurley

Relatives of Jordan Neely have spoken out following the killing of the 30-year-old homeless man in an incident on the New York subway.

His father, Andrew Zachary, told The New York Daily News that Neely’s mother had been murdered by her boyfriend when he was 18 years old, back in 2007.

Christie Neely’s boyfriend was reportedly convicted in 2012 of strangling her and was sentenced to three decades behind bars.

Read my colleague Gustaf Kilander‘s full story here.

Relatives speak out after Jordan Neely subway chokehold killing

ICYMI: Jordan Neely’s death underscores a brutal New York narrative

13:55 , Io Dodds

Jordan Neely, 30, was known for his precise Michael Jackson impersonations on subway platforms. When he boarded a train carriage on 2 May, a witness says, he was complaining of hunger and thirst.

After his death, conservative commentators described him as "unhinged" and a "vagrant", awith one outlet thanking the "brave men" who "saved riders".

Now activists say Neely's death exposes a brutal narrative about homeless people in the US that designates them as acceptable targets for violence, my colleague Alex Woodward writes.

Read his full story here.

Jordan Neely’s death underscores a brutal New York narrative

ICYMI: Daniel Penny says he 'never intended harm'

12:46 , Io Dodds

Attorneys for Daniel Penny, the 24-year-old former US Marine who was captured on bystander video fatally choking Jordan Neely on a New York City subway train, have released a statement that both confirms his identity and claims that Mr Penny and others “acted to protect themselves” from the homeless street performer.

"Earlier this week Daniel Penny was involved in a tragic incident ... which ended in the death of Jordan Neely. We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr Neely,” the lawyers said in a statement shared with The Independent at 7.30pm on 5 May.

"Mr Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness,” they continued.

"When Mr Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr Neely and could not have foreseen his untimely death.

"For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways."

Read the full story here.

Daniel Penny ‘never intended to harm’ Jordan Neely after fatal chokehold: attorneys

ICYMI: Everything we know about ex-Marine Daniel Penny

11:51 , Io Dodds

The 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.

Here's everything we know about him, courtesy of my colleague Alex Woodward.

Neely had PTSD and schizophrenia, says aunt

07:21 , Io Dodds

Jordan Neely's aunt Carolyn Neely has said that her nephew had schizophrenia, as well as PTSD from the murder of his mother in 2007.

“My sister Christie was murdered in 2007 and after that, he has never been the same," Ms Neely told The New York Post.

“It had a big impact on him. He developed depression and it grew and became more serious. He was schizophrenic, PTSD. Doctors knew his condition and he needed to be treated for that.

“The whole system just failed him. He fell through the cracks of the system.”

Jordan Neely's father on his Michael Jackson impression

05:15 , Io Dodds

Neely's father Andrew Zachary told The New York Daily News that he hadn't seen his son in four years.

But one thing stood out in his memory: Neely's "great" impression of Michael Jackson.

“I sat him in front of the TV and showed him the Jackson 5,” Mr Zachary said. “He took on the Michael Jackson thing and he really formed it very well....

“Jordan was a good man. He was a good person. He grew up good. He always had a [temper], but he never used to hurt anyone. He wasn’t bad. He was beautiful.”

Speaking about his son performing as Michael Jackson, he said, “He looked just like him. He used to perform on the block. One day, people were loving him”.

Mr Zachary said his son was deeply affected by the murder of mother in 2007.

“He didn’t care anymore after that,” he told the Daily News. “Once his mother died ... They were very close. He loved her so much that he just lost it. After we buried her, he just wasn’t the same anymore.”

Fox News anchor blames subway death on George Floyd

04:09 , Io Dodds

Fox News’s Greg Gutfeld has blamed the death of Jordan Neely on the murder of George Floyd.

Neely's death on a New York subway carshocked and horrified scores of Americans who blamed the incident on the dehumanisation of not just Black communities but homeless members of society as well.

The death has also evoked comparisons with the murder of Floyd. Gutfeld, however, had a different take on Neely’s ghastly death.

“If anybody says this is like George Floyd, no, it’s because of George Floyd,” he said on The Five on Thursday.

“Because since George Floyd, we’ve had the resulting chaos, the defunding, the emasculation of the police – egged on by The Squad, by the media, by different media outlets, except CNN. That created the pathway and a void where you saw fewer police.”

Read my colleague Abe Asher's story here.

Fox’s Greg Gutfeld blames Jordan Neely subway chokehold death on George Floyd

Neely's mother had been murdered in 2007

03:07 , Io Dodds

Relatives of Jordan Neely have spoken out following the killing of the 30-year-old homeless man in an incident on the New York subway.

His father, Andrew Zachary, told The New York Daily News that Neely's mother had been murdered by her boyfriend when he was 18 years old, back in 2007.

Christie Neely's boyfriend was reportedly convicted in 2012 of strangling her and was sentenced to three decades behind bars.

Read my colleague Gustaf Kilander's full story here.

Relatives speak out after Jordan Neely subway chokehold killing

Full story: Daniel Penny speaks

01:58 , Io Dodds

Here's my colleague Alex Woodward's full story on the statement released by Daniel Penny.

Daniel Penny ‘never intended to harm’ Jordan Neely after fatal chokehold: attorneys

Just in: Attorneys for Daniel Penny release statement

Saturday 6 May 2023 00:53 , Alex Woodward

Attorneys for Daniel Penny, the 24-year-old former Marine who was captured on bystander video choking Jordan Neely, have released a statement that both confirms his identity and claims that Mr Penny and others “acted to protect themselves.”

Mr Penny is represented by attorneys from Raiser and Kenniff.

“Earlier this week Daniel Penny was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely. We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely,” the statement says.

“Mr Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. When Mr Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr Neely and could not have foreseen his untimely death.

”For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.

Will a grand jury determine if charges should be brought?

Friday 5 May 2023 21:48 , Alex Woodward

A grand jury could determine whether criminal charges are brought against the man who fatally choked Jordan Neely on a Manhattan F train on Monday, according to officials speaking with several New York outlets.

The office of Manhattan District Attorney Alvin Bragg told The Independent that “senior, experienced prosecutors” are investigating Jordan 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.”

A law enforcement official close to the investigation told ABC News that the case is likely to go to a grand jury next week in order for the panel to determine whether criminal charges are warranted.

Detectives have reportedly interviewed several witnesses and are looking to talk to “four or five more” who were close to the scene, according to ABC News.

Daniel Penny, the man believed to be in a video showing his arm wrapped around Neely’s neck for several minutes before his death, already has provided a version of events to investigators, ABC reported.

NYPD seeks public’s help for subway killing

Friday 5 May 2023 21:38 , Alex Woodward

NYPD is seeking additional “information, photographs, or video” related to the death of Jordan Neely.

No charges have yet been filed, and a person believed to be Daniel Penny filmed placing Neely in a chokehold was released after the incident.

Everything we know about the man filmed choking Jordan Neely in fatal subway incident

Friday 5 May 2023 20:04 , Alex Woodward

What we know so far about Daniel Penny, who has been identified as the man captured in a widely shared video with his arm wrapped around Jordan Neely’s neck for several minutes.

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

Who is Daniel Penny?

Friday 5 May 2023 18:54 , Alex Woodward

On Friday afternoon, news outlets confirmed the identity of the man whose fatal chokehold killed Jordan Neely, after online sleuths discovered his name on Thursday night. Several news outlets, including The New York Post and The New York Daily News, had tried reaching him for comment earlier this week, but they curiously withheld his name from the public.

According to a LinkedIn profile, Penny joined the US Marine Corp in 2017 after graduating from West Islip High School, roughly 36 miles outside of Manhattan.

Public records confirm an address at Marine Corps Base Camp LeJeune in Jacksonville, North Carolina.

He left the Marines in 2021. He wrote in a service industry job site that his military experience helped him discover that he is “passionate” about “helping, communicating, and connecting to different people from all over the world.”

Jordan Neely wanted help. A brutal narrative about homelessness blamed him for his own death

Friday 5 May 2023 18:36 , Alex Woodward

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

But Jordan 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.

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.

Jordan Neely’s death underscores violence against New York’s most vulnerable

Just in: Passenger who placed Jordan Neely in chokehold identified as Daniel J Penny

Friday 5 May 2023 17:43 , Alex Woodward

A former US Marine who choked Jordan Neely to death has been identified as 24-year-old Daniel J Penny of West Islip, New York.

He has reportedly retained attorney Thomas Kenniff, who ran for Manhattan district attorney as a Republican, ultimately losing to Alvin Bragg, who received more than 82 per cent of the vote.

‘New York was not a ‘safe city’ for Jordan Neely'

Friday 5 May 2023 17:30 , Alex Woodward

Noah Berlatsky writes for The Independent:

New York was not safe for Jordan Neely | Voices

What charges could prosecutors bring against the man who killed Jordan Neely?

Friday 5 May 2023 17:00 , Alex Woodward

The office of Manhattan District Attorney Alvin Bragg confirmed in a statement to The Independent that “senior, experienced prosecutors” are investigating Jordan 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.”

A medical examiner has determined that Neely’s death was a homicide due to compression against his neck, after a subway passenger choked him to death.

It is unlikely that the man, who has not been identified by police or other officials, will face murder charges, but a potential criminal charge could include second-degree manslaughter or criminally negligent homicide, according to legal experts speaking with Gothamist.

Under New York’s “justification” law, a person can use physical force when their safety is at risk, including during incidents of self defense or the defense of a third party, the outlet reported.

Prosecutors or a grand jury likely will determine, after reviewing evidence from witness testimony and surveillance cameras, whether there was any such justification.

Neely family retains Mills & Edwards firm attorneys

Friday 5 May 2023 16:30 , Alex Woodward

The family of Jordan Neely has retained attorneys with Mills & Edwards in the wake of Neely’s killing, The Independent has confirmed.

Attorney Lennon Edwards said in a statment that the team is taking the case “because 15 minutes is too long to go without help, intervention and without air. Passengers are not supposed to die on the floor of our subways.”

“We understand our current times have created a heightened sense of fear,” the law firm’s statement said. “However, there has to be a clear line of when lethal force can be used by anyone, including civilians.”

Attorney Donte Mills told Today on Friday that he would be surprised if no charges were filed in the case.

“It would be incredible to me if the outcome of this was no charge, because how can you say that it’s okay for someone to strangle someone,” he said.

Lethal chokeholds like the the one that killed Jordan Neely are increasingly banned in police departments across the country

Friday 5 May 2023 16:00 , Alex Woodward

More than half the nation’s law enforcement agencies explicitly ban the use of neck restraints, also known as “carotid restraints” and more commonly referred to as chokeholds or strangleholds.

The US Department of Justice instituted federal-wide policy that explicitly forbids them in 2021.

The subway passenger who tackled and choked Jordan Neely to death on Monday afternoon used a similar lethal restraint. The New York City medical examiner determined that the compression against his neck caused Neely’s death, which was ruled a homicide.

Those restraints can compress the trachea, which blocks air to the lungs, and the carotid arteries on the side of the neck, major vessels that provide blood to the brain.

Cutting off that blood flow can make someone lose consciousness within seconds and kill them within minutes. Losing consciousness also can be an indication of brain injury.

How the US criminalizes homelessness

Friday 5 May 2023 15:30 , Alex Woodward

State and local governments across the US increasingly are criminalising homelessness, from laws banning “public camping” or prohibiting where you can sleep or sit, or whether you can sleep in your car, loiter or ask for money, while public restrooms are closed overnight in many places.

At least 47 states have laws on the books criminalizing homeless people.

Jordan Neely’s death “is a direct result of the sustained political, systemic abandonment and dehumanization of people experiencing homelessness and mental health complexities, fueled by press coverage that clearly influences policies and emboldens vigilantes,” according to Jawanza Williams, director of organizing of New York advocacy organisation VOCAL-NY.

Hundreds of New Yorkers died while homeless within the last two years

Friday 5 May 2023 15:00 , Alex Woodward

In February, 74,762 people were sleeping in the city’s shelter system, according to a population survey from the Coalition for the Homeless. That figure does not include the thousands of New Yorkers on the city’s streets and subways.

Last year, three people in New York were stabbed, one fatally, while sleeping on the street. A shooting spree across New York and Washington DC resulted in the killings of two men, and three others were injured.

That year, at least 15 homeless New Yorkers were murdered. A year earlier, 22 homeless New Yorkers were murdered. 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.

New Yorkers plan for vigils, rallies demanding justice

Friday 5 May 2023 14:40 , Alex Woodward

Good morning from New York City.

New Yorkers are planning more rallies and vigils this week demanding justice for the killing of Jordan Neely after he was choked to death by a subway passenger on Monday afternoon.

A rally has been planned outside the Manhattan district attorney’s office on Friday afternoon, while another is planned at Washington Square Park on Friday evening.

The rallies follow several protests, rallies and marches this week, including a protest on the platform at Broadway-Lafayette subway station on Wednesday.

Black Lives Matter and NAACP join Democrats in call for accountability

Friday 5 May 2023 14:30 , Joe Sommerlad

The civil rights organisations have added their considerable voices to the growing call for justice for Jordan Neely.

Gustaf Kilander has more.

BLM and NAACP join Democrats in calling for accountability in Jordan Neely killing

‘New York was not a safe city for Jordan Neely’

Friday 5 May 2023 14:00 , Joe Sommerlad

For Indy Voices, Noah Berlatsky has this take on the tragedy.

New York was not safe for Jordan Neely | Voices

Sean Hannity audience member 'cheers' NYC subway rider who killed homeless passenger

Friday 5 May 2023 13:30 , Joe Sommerlad

Here’s a little more reaction from the Fox studio.

Protesters express anger over Jordan Neely’s death for second night

Friday 5 May 2023 13:00 , Joe Sommerlad

Dozens of people gathered on Thursday night in Brooklyn’s Barclay Center for a second day of demonstrations.

On Wednesday, a few dozen protesters had gathered at the station where Neely died to call for an arrest.

Kyle Ishmael, a 38-year-old Harlem resident, said the video left him “disgusted”.

“I couldn’t believe this was happening on my subway in my city that I grew up in”, he said.

Here’s Rachel Sharp’s report.

Protesters gather on NYC subway as Jordan Neely’s chokehold death is ruled a homicide

Big Apple reels from subway death

Friday 5 May 2023 12:30 , Joe Sommerlad

New York has become one of the nation’s safest large cities, but the emotional responses recalled the metropolis of decades ago, when residents felt besieged by crime and fatal vigilantism made national headlines.

According to the AP, many New Yorkers see Jordan Neely’s death as the latest in a long history of attacks on Black city residents.

“We’re like animals in white people’s backyards. They want to get rid of us,” said Diango Cici, a 53-year-old Manhattan resident.

In the absence of video showing precisely what happened prior to the chokehold, many New Yorkers told the press agency they were reserving judgement until more information comes to life.

Among them was Mayor Eric Adams, who said on Thursday that there were “many layers” to the incident. He rejected criticism that he has not expressed enough outrage over Neely’s death, unlike other officials who have called for a quick arrest.

“All the other electeds, they have a role to play and I have a role to play. The police is doing their investigation and the district attorney is doing his investigation, and I respect the process,” Mayor Adams said.

State governor Kathy Hochul called the video-recorded encounter “wrong” and “horrific to view”, adding that Neely’s “family deserves justice”. But the governor said she was watching how the matter unfolds.

“No one has the right to take the life of another person. And in this circumstance, I have said all along and have stood firm in our commitment to helping people with mental health challenges,” Governor Hochul told reporters after a meeting with union workers in Manhattan.

She said sometimes people are loud and emotional in public, but it was “very clear” that Neely was not going to harm others and the video showed a “very extreme response”.

Street performers who knew Neely described him as a kind and gifted impressionist who sank into a depression as a result of his mother’s 2007 murder.

Tari Tudesco, a backup dancer in the Michael Jackson tribute act “Michael’s Mirror”, said many in the community had grown worried about Neely’s absence in recent years, and had begun searching for him, unsuccessfully.

“We were in shock to find now that he was living homeless,” she said. “We feel terrible.”

AP

Fox commentator blames ‘emasculation of the police’ for Neely death

Friday 5 May 2023 12:00 , Joe Sommerlad

Greg Gutfield here labels the dead man “a violent felon” and uses the tragedy to attack progressive Democrats for supporting the alleged weakening of police powers in the wake of the killing of George Floyd in 2020.

Brian Kilmeade, on the same network, was likewise quick to cite Neely’s prior arrest record and blame the lack of guards on the subway for creating the situation.

Their attitudes are typical of much of the right-wing commentary online, which is, on the whole, more inclined to side with the restrainer or attempt to smear the victim rather than lament the failings of New York’s mental health infrastructure, which ultimately meant Jordan Neely did not receive the help he needed and led to this sorry end.

Jordan Neely had been an expert Michael Jackson impersonator

Friday 5 May 2023 11:40 , Joe Sommerlad

The victim at the heart of this desperate tragedy grew up to be known as an expert Michael Jackson impersonator, performing on the subway and in Times Square, his skills evident in a number of videos widely shared on social media in the wake of his death.

A neighbour of the deceased’s father told The New York Daily News this week that the teenage Neely used dancing as an outlet to help him deal with his struggles with mental health, much of which appears to have brought on by the horrific murder of his mother Christie in 2007 at the hands of her boyfriend, at whose trial Jordan bravely testified.

‘Vigilante’ accused of causing Jordan Neely’s death hires attorney

Friday 5 May 2023 11:20 , Joe Sommerlad

The US Marine who placed Jordan Neely in a chokehold on a New York City subway train on Monday afternoon before his death is said to have lawyered up amid a growing swell of outrage in the city.

The New York Post reports that the 24-year-old Queens man has hired attorney Thomas Kenniff – a man who ran unsuccessfully against Alvin Bragg for the position of Manhattan district attorney.

On Thursday, Mr Bragg’s office met with NYPD detectives to weigh up possible criminal charges against the Marine, who has not been publicly named by officials.

Neely’s death has been ruled a homicide by neck compression but no arrests have been made.

Kenniff, a Republican, is an Iraq War veteran and major in the Army National Guard as well as a a former Westchester prosecutor and founding partner at Raiser & Kenniff, according to The Post, which adds that he did not wish to comment on his new client when approached on Thursday.

A spokesperson for DA Bragg said on Wednesday evening: “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.”

NYC officials drift apart in reactions to Neely’s death

Friday 5 May 2023 11:00 , Gustaf Kilander

New York officials began drifting apart as they reacted to the news of Neely’s death.

City Comptroller Brad Lander tweeted on Tuesday that “NYC is not Gotham. We must not become a city where a mentally ill human being can be choked to death by a vigilante without consequences. Or where the killer is justified & cheered”.

“Jordan Neely was murdered. But bc Jordan was houseless and crying for food in a time when the city is raising rents and stripping services to militarize itself while many in power demonize the poor, the murderer gets protected w/ passive headlines + no charges,” Rep Alexandria Ocasio-Cortez tweeted. “It’s disgusting.”

Mayor Eric Adams appeared on CNN, criticising other elected officials for seeming to be getting ahead of Manhattan DA Alvin Bragg.

“I don’t think that’s very responsible at a time when we are still investigating the situation. Let’s let the DA conduct his investigation with law enforcement officials,” the mayor said. “To interfere with that is not the right thing to do.”

Who was Jordan Neely?

02:12 , Io Dodds

Friends and relatives lauded Jordan Neely as "a nice person", a "great performer", and "a good kid".

So who was he? Here's what we know so far.

Jordan Neely, the man killed in a NYC subway chokehold

New York was not a ‘safe city’ for Jordan Neely

Friday 5 May 2023 10:30 , Sravasti Dasgupta

Democratic state senator Julia Salazar compared Neely’s horrific killing to a lynching – the public extermination of a Black, marginalized person in the name of restoring public order.

Though Neely was not killed by the police, his death painfully shows how mainstream rhetoric of policing, order, and safety all frame marginalized people as innately unsafe. From this viewpoint, “safety” means hiding, quelling, or even outright eliminating certain marginalized populations – Black people, homeless people, mentally ill people, poor people.

Noah Berlatsky writes:

New York was not safe for Jordan Neely | Voices