Tracie Strahan reporting on Neely family release statement amid calls for charges
What to Know
- 30-year-old Jordan Neely died on a train at the Broadway-Lafayette station in Manhattan a week ago 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; sources say the Manhattan DA's office could convene a grand jury to consider potential criminal charges this week
- Multiple protests have taken place in Manhattan since the 30-year-old's death; in the latest case, dozens brought train traffic to a halt when they jumped on the tracks at Lexington Avenue Saturday
The NYPD is looking for a half-dozen people who brought train traffic to a halt over the weekend amid ongoing protests over the subway chokehold death of Jordan Neely, while sources familiar with the case say the district attorney's office could convene a grand jury to consider criminal charges as early as this week.
About 13 people were arrested in connection with Saturday's protests at Manhattan's Lexington Avenue and 63rd Street stop. Police released photos of another six they want to question in what they call a criminal trespass case, but it was not immediately clear what their role in the protest was.
They were among dozens who, chanting "no justice, no peace," jumped to the tracks, debilitating transit traffic.
It was just the latest demonstration amid ongoing fallout -- and controversy -- over Neely's death on a subway at Broadway-Lafayette one week ago Monday. Neely, a 30-year-old with a lengthy arrest record for offenses including assault and disorderly contact, allegedly had been menacing passengers on a train that afternoon when another subway rider, a former Marine identified by his own attorneys as 24-year-old Daniel Penny, tried to intervene.
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Penny put Neely in a chokehold on the subway car floor, video showed. Neely ended up dead. Penny was initially taken into custody for questioning and later released. The medical examiner's office ruling of Neely's death as a homicide put pressure anew on the Manhattan district attorney's office, which sources say has been weighing possible charges.
"This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life," Alvin Bragg's spokesperson said in a statement late last week. "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. This investigation is being handled by senior, experienced prosecutors and we will provide an update when there is additional public information to share."
MTA sources say the chokehold happened while the train was stopped on the northbound side and the doors were open. There was no functional camera at the platform level of the station, they added. The NYPD is requesting footage from several nearby stations.
Tensions, meanwhile, are simmering.
Amid the ongoing investigation, the case has incited calls for Penny — initially hailed as a good Samaritan for intervening — to be arrested. The weekend demonstrators took their chants through the streets of Manhattan before descending to the tracks at Lexington Avenue and East 63rd Street Saturday and blocking a Q train from entering the station, triggering reverberating transit delays and, officials say, recklessly risking lives.
The head of New York City Transit, Richard Davey, described the protesters' actions as "dangerous, reckless and can be life-threatening."
"While peaceful protest has always been part of American fabric, endangering transit workers and other responders, while also delaying New Yorkers just trying to get where they need to go, by deliberately risking contact with an electrified third rail, is unacceptable," Davey said.
Another protest is scheduled for Monday evening.
Jordan Neely Death Debate?
The growing outcry for justice has been bolstered by many who say they are angry and fed up with a system that failed Neely, who was living on the streets, performing as Michael Jackson while battling mental illness.
"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," his family's attorneys said in a statement last week.
During the deadly chaos, witnesses and sources say Neely was acting aggressively on the F train. They said he was hungry, thirsty and didn't care about going to jail, but had not attacked anyone before Penny put him in the deadly chokehold. The NYPD and other officials have asked the public to submit any footage or images that may assist.
Penny's attorneys released the first statement on behalf of their client Friday, saying he "never intended to harm" the 30-year-old homeless man, and "could not have foreseen his untimely death."
"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."
Neely's family, in a new statement Monday, called that an "admission of guilt."
"Daniel Penny’s press release is not 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," the joint statement from Neely's family attorneys said. "The truth is, he knew nothing about Jordan's history when he intentionally wrapped his arms around Jordan‘s neck, and squeezed and kept squeezing."
They continued later: "It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message. He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."
Since Penny's identity was made public, those seeking justice on behalf of Neely have sought to identify the two other people seen holding him down on video.
The Manhattan district attorney's office has yet to officially comment.
Mayor Eric 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 Gov. Kathy Hochul in the early days of his administration. Hochul has said she is pleased the district attorney's office is investigating.
