The man who held Jordan Neely in a fatal chokehold ‘never intended to harm’ him, his attorneys say
S E E D E D C O N T E N T
A mid mounting pressures to charge the man who restrained Jordan Neely in a fatal chokehold on a New York City subway train car this week, the man’s attorneys contend he didn’t foresee the “awful tragedy,” which has sparked protests and further accentuated the city’s struggles with homelessness and mental illness.
Daniel Penny, 24, has been identified by his attorneys as the US Marine veteran who held down Neely on Monday afternoon while they were aboard the train in downtown Manhattan.
Neely, a street artist known for his Michael Jackson impersonations, had begun shouting at passengers that he was hungry, thirsty and had little to live for before Penny forced him to the floor in a chokehold until he stopped breathing.
“We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely,” the law firm of Raiser and Kenniff, P.C. said in a statement Friday. “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.
Neely’s killing, which happened as he was experiencing homelessness, comes as the nation’s largest city continues to grapple with the fundamental issues of a growing population of unhoused people and a mental health crisis – despite government efforts to alleviate the challenges.
Attorneys representing Neely’s family said the 30-year-old had mental health issues since he was 14 when his mother was murdered in 2007. Moses Harper, Neely’s friend, told CNN he was traumatized when his mother’s brutal killing was followed by her body being found in a suitcase.
Prior to his killing, Neely had a lengthy arrest record with New York police, a law enforcement source told CNN’s John Miller, including 42 arrests on charges including petty larceny, jumping subway turnstiles, theft, and three unprovoked assaults on women in the subway between 2019 and 2021.
Neely’s death has been ruled a homicide by New York City’s medical examiner, but the ruling does not determine whether there was intent or culpability, which is a matter for the criminal justice system to consider. Charges have not been filed in the case, which is under investigation by the Manhattan district attorney.
A witness told CNN although Neely was acting erratically, he did not harm anyone nor did they see him armed with a weapon.
“Passengers are not supposed to die on the floor of our subways,” Neely family attorney Lennon Edwards said.
Over the weekend, prosecutors are expected to continue reviewing evidence and witness statements, a law enforcement source told CNN. Four passengers who were in the train car have been interviewed by police, and authorities are still seeking to speak with several others.
The case is being investigated by senior prosecutors who plan to review the medical examiner’s report, obtain additional medical records and examine video footage, the Manhattan District Attorney’s Office said.
Thomas Kenniff, one of the attorneys representing Penny, ran as a Republican candidate against now-Manhattan District Attorney Alvin Bragg in 2021.
Neely’s killing prompted protests Friday from some who called for Penny to be arrested and charged.
Demonstrators gathered outside Bragg’s office, chanting “Indict Daniel Penny” and “Why is the killer free.” Some held signs that read, “Jordan Neely deserved better from New York.”
Chokehold lasted several minutes, witness says
Juan Alberto Vazquez was on the train when the deadly chokehold began and recorded the situation as it unfolded.
As soon as Neely got on the train, he started yelling about being “fed up and hungry” and “tired of having nothing,” Vazquez told CNN.
Before he was killed, Neely said, “I don’t care if I die. I don’t care if I go to jail. I don’t have any food … I’m done,” according to Vazquez.
As the yelling continued, many passengers became visibly uncomfortable and moved to other parts of the train car. Neely did not appear to be armed or looking to attack anyone, Vazquez told CNN.
Then a rider – later identified as Penny – came behind Neely and put him in a chokehold, with the two eventually falling to the floor, Vazquez said. Neely did not interact with that passenger at all prior to the attack, Vazquez continued.
In the video recorded by Vazquez, Neely and Penny are seen on the floor of a subway car with Penny’s arm wrapped around Neely’s neck. The two men were on the floor for about seven minutes, Vazquez said, adding he started recording about three or four minutes after the chokehold began.
Two other passengers approached Neely and the man holding him down. One appeared to be mediating the situation while the other seemed to help Penny restrain Neely, according to Vazquez.
After a while, Vazquez noticed Neely stopped moving and talking, he said. After police arrived, Neely was taken to a hospital where he was pronounced dead.
CNN has not been able to independently confirm what happened leading up to the incident or how long Neely was restrained.
CNN’s Artemis Moshtagian, Elizabeth Hartfield, Haley Britzky, Paul P. Murphy, Jason Carroll, Yon Pomrenze and Sharif Paget contributed to this report.
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Was Penny criminally negligent when he put Neely in a long chokehold? That may be answered at an involuntary manslaughter trial.
Probably involuntary manslaughter, as there is no apparent intent to harm him. If Neely had stopped resisting, Penny should have relaxed the hold.
Negligent homicide or involuntarily manslaughter?
This belies the idea that there was some sort of "brawl" between Neely and Penny. It appears Penny came up from behind Neely and started choking him. I dont question at all the sincerity of Penny when he says he didnt want to hurt Neely, but it went wrong and he is likely to be charged with criminal negligence.
More likely trying to restrain him than trying to choke him.
The example above is very similar to the Neely incident.
Despite what his lawyer says, based on the video, it's hard to argue that Penny did not intend to cause serious physical injury. According to a witness, Penny held Neely tightly around the throat for approximately 15 minutes, about 3 minutes of which are on the video.
Holding Neely in a tight chokehold for 15 minutes would certainly seem to demonstrate "depraved indifference".
My old man was a cop and something of an expert on what he referred to as “the sleeper hold.” Done properly, it takes mere moments (i.e. seconds) - not 15 minutes. Not even three.
Your "old man" obviously knows whereof he speaks.
So it was self defense? I’m fascinated to hear how this guy was a threat to someone who was able to sneak up on him from behind.