This Monday, the decision was rendered by a jury in New York City, acquitting Daniel Penny, the individual involved in the choking death of Jordan Neely, a homeless and mentally challenged man, on a New York subway on May 1. The jury found him not guilty of the accusation of criminally negligent homicide. Previously, the judge had dismissed a heavier charge of manslaughter after the jury could not reach a consensus. Currently, a civil lawsuit lodged against Penny by Neely’s father, Andre Zachary, is ongoing.
The episode unfolded on May 1 when Neely entered the F train while it was navigating through Manhattan and began shouting that he was hungry. Eyewitnesses reported that he expressed indifference about going back to jail and was prepared to face death. Penny tackled Neely and held him in a chokehold for multiple minutes. Following Penny’s release of his hold, Neely was unable to move.
Emergency responders who reached the scene found a weak pulse in Neely, but upon his arrival at the hospital, he was declared deceased. While the police department did not officially charge Penny, Manhattan District Attorney Alvin Bragg convened a grand jury, largely due to widespread outrage over the incident. The grand jury filed an indictment against Penny for manslaughter on May 11. The court proceedings started on October 21.
The judicial verdict instigated demonstrations from a variety of groups outside the courthouse and others at the subway station where Neely met his tragic end. The New York Civil Liberties Union released a statement expressing, ‘This instance will remain an enduring symbol of the failure of New York to provide suitable care for individuals with mental health issues and those dealing with homelessness.’
Neely’s bereaved father, Andre Zachary, addressed a gathering outside the courthouse. ‘What actions will we take, folks? What’s in store for us now? The system isn’t fair. Let’s not stand idle, let’s address this situation,’ he implored.
The verdict has been met with jubilation from right-leaning factions. Multiple demands have been issued for Manhattan District Attorney Alvin Bragg to step down for bringing charges against Penny. Mike Lawler, a Republican Congressman from New York, released a statement stating, ‘Alvin Bragg has neglected his duties to uphold the law and guarantee safety to residents of New York. Regrettably, he has participated in politically motivated legal actions in a number of cases, which include President Trump, Daniel Penny… He should be promptly dismissed from his position.’
The veneration of Penny as a hero is seen as part of a broader rightist campaign aimed towards the homeless and mentally distressed, several hundreds of whom have no other shelter but New York’s sprawling subway system. The incident has been fraught with right-leaning vigilantism and glorification of militarism since its inception.
The verdict has been reached under circumstances where the administrations of Governor Hochul and Mayor Adams are cracking down on alleged ‘fare evaders’—individuals who, unable to afford the $2.90 price, attempt to use the subway or bus system without paying.
The Metropolitan Transportation Authority, the state agency overseeing the public transit system of NYC, is grappling with debt running into tens of billions of dollars. The elite ruling class’s answer to the imminent insolvency of the Authority involves intimidating those unable to pay their transportation costs and to ‘sanitise’ the system—that is, to exclude homeless and mentally ill individuals, who are mere casualties of the wider issue of housing and social services in the metropolis.
The death of Neely at Penny’s hands has sparked demands not only for stringent law enforcement but also for illicit and violent actions targeted at economically disadvantaged groups and the working class.