What to Know
- 30-year-old Jordan Neely died on a train at the Broadway-Lafayette station in Manhattan Monday after allegedly threatening passengers and being put into a chokehold by a rider; that rider, identified as 24-year-old Daniel Penny, was questioned by the NYPD and later released from custody
- The medical examiner's office ruled Neely's death a homicide, which incited a debate around whether the rider's actions were justified defense or vigilantism; he and his attorney have declined comment
- A senior prosecutor with the Manhattan district attorney's office is looking into the case, sources say, and the NYPD is asking anyone with footage or images of what led up to Neely's death for help
Lawyers for the 24-year-old man at the center of the chokehold death of Jordan Neely on a Manhattan subway train said their client "never intended to harm" the 30-year-old homeless man, and "could not have foreseen his untimely death."
In the first comments identifying Daniel Penny as the man seen on video performing a chokehold on Neely at the Broadway-Lafayette station Monday afternoon, the lawyers from the firm of Raiser and Kenniff said their client was "involved in a tragic accident" on the subway.
"We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely," the statement released Friday evening began. "Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness."
The statement went on to address what led up to the deadly chokehold that Penny, who lawyers said is a college student and a Marine veteran, was accused of putting Neely into.
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"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,' the lawyers' statement reads. "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."
Penny, who has not returned multiple calls and emails from NBC New York in an effort to reach him, lives in Queens and is originally from West Islip on Long Island, according to multiple law enforcement officials. His attorney, Thomas Kenniff, also did not respond to requests for comment.
Penny is a former Marine who served from 2017-2021, according to his military record. He reached the rank of sergeant and was the recipient of numerous awards and medals during his time in the Marine Corps.
The Marine Corps said they were "aware of the incident and will cooperate with the agencies investigating this incident if asked," but clarified that they were not confirming that Penny was the person involved. They would only confirm that a person by the name of Daniel Penny did serve in the Marines.
The fact that Penny served in the Marines could hurt a self-defense claim, according to a former NYC prosecutor. Marine recruits are routinely taught about executing and defending against chokeholds, which can render someone unconscious in as few as eight seconds, according to a military manual revised in 2020.
Penny was identified by his lawyer after it was learned that a Manhattan grand jury will hear the case to determine whether criminal charges will be brought against the 24-year-old accused of killing him this week, two sources familiar with the matter told News 4.
It wasn't immediately clear when the Manhattan district attorney's office would present those details to the grand jury, the sources said. The news comes amid mounting pressure on the district attorney's office to file charges in the case, which has sparked debate over whether the rider who allegedly took him down acted in just defense against disorder or criminally.
Neely, a homeless man, had been threatening passengers aboard the F train, according to the NYPD. Penny is said to have intervened and put Neely in a headlock. He was questioned by the NYPD and later released from custody. Afterward, the medical examiner's office ruled the case a homicide.
No charges have been filed in the case at this time. Police and prosecutors say they are still working to determine what happened before Neely died. A senior prosecutor was said to be looking into the matter, and Gov. Kathy Hochul said a day ago she was pleased that the district attorney's office was looking into the case.
Amid the ongoing investigation, the case has incited calls for Penny — initially hailed as a good Samaritan for intervening — to be arrested in the death of Neely, who struggled with mental health. A GoFundMe established by an aunt to pay funeral expenses raised more than $36,000 by Friday morning, less than 24 hours after being posted.
Neely's family has retained legal representation with Mills & Edwards LLP.
"I took this 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," attorney Lennon Edward said in a statement. "We understand our current times have created a heightened sense of fear (sometimes reasonable, sometimes not.) However, there has to be a clear line of when lethal force can be used by anyone, including civilians."
Lawyer Donte Mills, also representing the Neely family, said Penny in this case crossed the line.
"We have people being killed for ringing the wrong doorbell, pulling in the wrong driveway and screaming out in desperation on the subway. We cannot let that stand," Mills said. "Mr. Neely suffered from mental illness which began at age 14 when he experienced the brutal murder of his mother. It is a tragedy for all of us to know that Jordan Neely’s life was also cut short. Mills & Edwards is committed to holding accountable the MTA and Neely’s killer."
In the absence of video showing what might have precipitated the attack, many were reserving judgment.
Mayor Eric Adams said earlier in the week there were too many unknowns to judge the rider's behavior at this point and echoed those sentiments on Thursday, saying that he has "a responsibility for this entire city and I have faith in the criminal justice system, and I'm going to let the process take its place."
Janno Lieber, head of the MTA, weighed in for the first time Friday, saying he would wait for prosecutors to do their work.
"We're gonna renew our efforts to make sure that people understand that when you're in the subway together, they're going to be challenges, when you're in the public space together there are going to be challenges, but we have to find a way to deescalate," the CEO said, calling the video "really troubling and upsetting."
Meanwhile, the NYPD is asking for the public's help with its investigation.
Law enforcement sources with knowledge of the case said Neely had a lengthy criminal history, with charges including assault and disorderly conduct. Those who knew him described him as a well-known Michael Jackson impersonator.
Manhattan Borough President Mark Levine recalled seeing Neely perform many times. Levine said he always made people smile.
Jordan Neely Death Timeline
The NYPD said it was called to the NoHo station around 2:25 p.m. Monday after a report of a physical fight in a northbound F train.
Witnesses and law enforcement sources said Neely got on the train and started acting very aggressively toward other riders, threatening to harm them. Police sources told NBC New York that Neely purportedly told riders on the train that he wanted food, that he wasn't taking no for an answer, and that he would hurt anyone on the train.
"The man got on the subway car and began to say a somewhat aggressive speech, saying he was hungry, he was thirsty, that he didn't care about anything, he didn't care about going to jail, he didn't care that he gets a big life sentence," said Juan Alberto Vazquez, who was in the subway car and recording part of what happened afterward. "That 'It doesn't even matter if I died.'"
Vazquez said he was scared, and believes others on the train were as well. It was then that a 24-year-old rider came up behind Neely and put him in a chokehold, holding him on the ground. Two other men stood over them and also helped subdue him, video showed.
"If there was fear, the people who...were there where he separated everything, moved from their place. I stayed sitting in my place because it was a little further away, but obviously in those moments, well, one feels fear. One thinks he may be armed," Vazquez said.
He said that the chokehold lasted about 15 minutes as they waited for police to respond, and it was held even as the train stopped at the subway station and the doors opened. That's when Vazquez said most of the people who were inside the train car left, with a few exceptions, including the three who had been working to subdue Neely.
It was not clear why passengers had moved to restrain Neely. One witness, Vazquez who was on the train and recorded Neely becoming unconscious as he was restrained, said that while Neely was acting aggressively and threw his jacket, he hadn’t attacked anyone.
Neely was unconscious on the car floor when officers arrived, and died at the scene. Vazquez said no one thought the man would die, even after he went limp.
In an exclusive interview with NBC New York, another witness talked about the moment he called 911 while on the train.
"I thought it was just a fight. I didn't know it was a deadly situation at all," said Cenk Ergun, who was a few cars down from the chaos.
The first 911 call came in at 2:27 p.m. about a person making threats, with another call coming two minutes later reporting a homeless man was attacking people. Two more calls came after that before help arrived, and an ambulance pulled up to the scene a half hour after the first call was made.
Adams has said that the incident underscores what he says is a need to remove people with mental illness from the transit system — a push he began with Democratic colleague Hochul in the early days of his administration.
The governor's office said that Safe Option Support (SOS) teams in the subway have conducted more than 6,800 outreach encounters and have enrolled 838 individuals into interventions services.
The lethal risks of chokeholds led New York City to ban police officers from using them. An officer was fired for using a chokehold on Eric Garner, a Black New Yorker whose dying words “I can’t breathe” became a chant in protests against racial injustice.
A U.S. Department of Justice website called chokeholds “inherently dangerous” and said that they have “too often led to tragedy.”
