A tragic incident occurred on a New York City subway when Jordan Neely, a 30-year-old man with a documented history of violent and erratic behavior, died after being placed in a chokehold by Daniel Penny, a 24-year-old college student, and Marine Corps veteran. Neely had been arrested 42 times in the past decade, with his most recent arrest in November 2021 for felony assault after allegedly attacking a 67-year-old woman.
At the time of the incident, witnesses reported that Neely was aggressively ranting, moving erratically, and allegedly threatening to go to jail. He was restrained by Penny, with the help of at least one other passenger, until help arrived. The New York City medical examiner confirmed that Neely died from a “chokehold” and ruled the incident a “homicide.”
In response to the incident, Penny released a statement through his attorneys on Friday expressing condolences to those close to Neely. The statement noted that Neely had a documented history of mental illness, and Penny acted to protect himself and other passengers until help arrived. The statement also called for elected officials to address the mental health crisis on the streets and subways.
The statement, released by the law firm of Raiser and Kenniff, P.C., continued:
We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely. Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
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.
Manhattan prosecutors and detectives have met to evaluate whether the case should be presented to a grand jury to determine if charges should be introduced. Five passengers contacted 911 before and during the altercation, with one caller reporting that Neely had a “knife or gun” although officers did not find any weapons on him.
This tragic incident has brought to light the need for more resources to support those suffering from mental illness. It is essential that elected officials prioritize mental health initiatives to ensure the safety of all.
