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
A Manhattan grand jury could consider potential criminal charges this week in the subway chokehold death of Jordan Neely, who sources say was on a special watchlist of the city's most at-risk people.
The 30-year-old known by many in the city for his years spent performing as a Michael Jackson impersonator, died one week ago on a train at the Broadway-Lafayette station after allegedly threatening passengers and being put into a chokehold by a former Marine identified by his own attorneys as 24-year-old Daniel Penny.
Penny put Neely in a chokehold on the subway car floor, video showed, as four people called 911 a total of five times. Neely ended up dead. Penny was initially taken into custody for questioning and later released. The medical examiner's 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.
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News 4 has learned Neely was on a "Top 50" list of the city's most at-risk homeless clients and considered by outreach workers to be a potential danger to himself and others. And yet, somehow city agencies and outreach teams lost track of Neely.
Justin Brannan, who chairs the New York City Council’s Finance Committee, asked on Monday if low staffing levels at Homeless Services played a role.
“What real life impact are they having. And what can we do to make sure this doesn’t happen again and someone like Jordan Neely doesn’t slip through the cracks," Brannan said.
A source inside City Hall denied that DHS has any sort of so-called "ranking" or list in regards to how violent or problematic a homeless individual may be. The source acknowledged that they do monitor a list of people who are most difficult to reach and may be more vulnerable — for example if they are older or living on the streets for a long time and have refused outreach help for years, sometimes decades.
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. Prosecutors may present the case to a grand jury as soon as this week, according to two sources familiar with the matter.
"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. Video of the chokehold is potential evidence. But sources say MTA cameras at the Broadway-Lafayette station did not produce useful images.
Sources briefed on the request say additional MTA footage was turned over to the NYPD for review from the Bleeker Street station, which is connected to Broadway-Lafayette, and 2nd Avenue, where the F train stopped prior to the incident.
A vigil for Neely held Monday evening quickly turned sideways in front of the subway station entrance, as a demonstrator defied orders from NYPD officers at the scene and was arrested. The crowd spilled on Houston Street as police told them to get back onto the sidewalk.
As many as 150 protesters were at the SoHo demonstration, with at least 11 people arrested and a man's face left bloodied after a melee, though it wasn't clear how it happened during the protests that continue to grow increasingly tense each day. A molotov cocktail was also found at the scene, according to police, and among those arrested was a photojournalist who allegedly interfered with at least three arrests.
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 not yet commented on whether other individuals could face charges.
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, but also said Monday that Neely's death is "clear evidence we need some work. We need alternatives for these individuals."
