Last Friday marked the commencement of the trial against a U.S. military former serviceman implicated in the fatal chokehold of a homeless African American man on New York’s subway system in the prior year. The case brings to light important questions surrounding subway crime, mental health, racial disparities, and citizens taking the law into their own hands. The defendant, ex-Marine Daniel Penny, 26 years in age, is being prosecuted for second-degree manslaughter and criminally negligent homicide in connection to the death of Jordan Neely, aged 30, which occurred in May 2023. Claiming innocence, Penny argues he was safeguarding fellow passengers. Witnesses say Neely entered a packed Manhattan subway and behaved erratically, causing alarm through his loud outbursts.
Subsequently, Penny, who identifies as white, physically restrained Neely from behind using a chokehold, maintaining this potentially deadly grip for an extended period of six minutes, even after Neely had ceased any movement. Neely was later declared deceased at a nearby hospital, with the appointed medical examiner categorizing his death as homicide. A significant portion of the incident was caught on film courtesy of a bystander, which sparked public outcry and demands for Penny’s arrest, while others have rallied in his support to the tune of $3 million in legal defense funds.
About two weeks following Neely’s demise, Penny surrendered himself to the police on a manslaughter charge. A formal indictment by the Manhattan District Attorney’s Office was subsequently announced a month later. Dafna Yoran, a Manhattan prosecutor, commenced the trial with a poignant reminder of Neely’s last moments; on the grimy floor of a New York subway train. Yoran emphasized Neely’s circumstances – 30 years old, homeless, and battling mental illness.
Throughout our daily lives in New York City, we encounter individuals like Jordan Neely on our commutes to work, to the store, and on our returns home, Yoran continued. Generally, we are told to stay clear, instructed to feign ignorance; to act as if they don’t exist. On the day of the incident, Neely boarded a moderately occupied subway car and began to shout threats, mentioning his hunger and thirst, with his voice resonating loudly.
Responding to Neely’s behavior, Daniel Penny took matters into his own hands, perceived to ‘neutralize’ him. Yoran said Penny wrapped his legs around Neely, immobilizing him. Not long after, the train halted at the station. With no immediate danger present, Penny maintained the life-threatening chokehold on an unconscious Neely for an additional five minutes and fifty-three seconds.
Possessing specialized training in chokeholds, Penny was well aware that persisting in the choke once Neely had lost consciousness could, and likely would, result in death, noted Yoran while factoring in the defendant’s military experience. The prosecutor’s belief was that Penny exceeded the limits of what was appropriate, a display of clear indifference towards the life of Neely, a man whose life literally hung in his hands leading to his dismissiveness of basic safety measures; this contravenes not only the law but also fundamental decency.
Penny demonstrated no remorse after releasing Neely from the chokehold, said Yoran. He stooped to retrieve his fallen hat, brushed himself off, and waited for the police, standing vigil over Neely’s lifeless body. It was also underscored by the prosecutor that Penny, notwithstanding his first-aid training, never tried to assist Neely.
Counterarguing, Defense attorney Thomas Kenniff asserted in his opening statement that Penny merely reacted to a threat when he restrained Neely. Conveying Neely as a menacing figure, Kenniff noted how Neely’s manner changed when he removed his jacket, swinging it above his head before forcefully discarding it on the ground, silencing the entire train.
When Penny noticed a mother shielding her son behind a stroller as Neely advanced towards them, Kenniff recounted, Penny was forced into action by Neely’s threats. The defense highlighted that though Penny restrained Neely in a chokehold, he did not apply continuous pressure and Neely showed no indications of asphyxiation nor voiced respiratory difficulties. As per Kenniff, evidence will show Neely’s cardiac arrest-induced death actually stemmed from illicit drug use and likely the emotional agitation accompanying the event.
Kenniff argued that Penny’s actions represent those that anyone amongst us would hope a fellow passenger would execute, implying a communal duty to protect each other. Neely’s father and supporters were present in the trial room, bearing witness to the proceedings, amid audible protests outside the courthouse.
The case stands as a source of division amongst citizens, especially those who often ride the subway and have faced disruptive incidents. It also has broader implications about racial dynamics and the handling of mental health issues. Of note is the fact that Neely’s defense has stated they may bring him to testify.
The incident occurred on the afternoon of May 1, 2023, on a northbound F train at the Second Avenue station in Manhattan. Neely, known for his Michael Jackson impersonations, voiced his frustrations about his state to the passengers, ultimately leading to him being immobilized by Penny and becoming unconscious. Police arriving on scene before 2:30 p.m. administered first aid.
Various witness portrayals of Neely’s behaviors before the chokehold paint differing pictures. Some found him to be intimidating, while others saw his antics as representative of another ordinary day in the city. Neely’s announcement of his homelessness and hunger did not result in any physical confrontations preceding Penny’s intervention, according to filings by the prosecution. The case continues to court, bringing to light real-life scenarios and their judgment based on the perspective of the ‘reasonable person’.