 Right marker: Jordan Neely boarded train at the Second Avenue station. Left marker: Train stopped at the Broadway–Lafayette Street station, in response to Jordan Neely being put in a chokehold before the stop. | |
| Date | May 1, 2023 |
|---|---|
| Time | c. 2:30 p.m.[1] (EDT) |
| Location | Manhattan, New York City, U.S. |
| Type | Homicide by chokehold[a] |
| Filmed by | Juan Alberto Vázquez |
| Deaths | Jordan Neely |
| Accused | Daniel Penny |
| Charges | Second-degree manslaughter, criminally negligent homicide |
On May 1, 2023, Jordan Neely, a 30-year-old homeless black man, died after a 24-year-old white former Marine named Daniel Penny put him in a chokehold. Neely boarded a New York City Subway train at the Second Avenue station just before it departed and reportedly began screaming that he was hungry and needed a job, saying that he was not afraid of going to prison and was ready to die, and threatening people. Freelance journalist Juan Alberto Vázquez, who witnessed the incident, said that Neely removed his jacket and threw it violently to the floor, resulting in other passengers moving away from him. Vázquez said that he did not see Neely assault anyone. Other witnesses reported fearing death from Neely's actions, including him throwing trash at other passengers and approaching people. Penny then approached Neely from behind and put him in a chokehold.
Penny maintained the hold after the train had reached its next stop, Broadway–Lafayette Street, while other passengers held the doors open to prevent it from moving. During the chokehold, some bystanders gave warnings on Neely's health, with one telling Penny, "You're gonna kill him now", while others helped in holding him down until police arrived.[2] Vázquez captured the final three minutes of the hold on video, which shows Penny applying it for nearly a minute after Neely had stopped struggling and gone limp. Prosecutors alleged that the chokehold lasted for six minutes, while Penny said it lasted less than five minutes. An unknown amount of time after Penny released Neely, New York City Police (NYPD) officers arrived, with responding officers stating that Neely had a faint pulse upon their arrival. Neely was given Narcan and CPR by officers at the scene. Shortly thereafter, the New York City Fire Department transported Neely to a hospital, where he was pronounced dead.
Penny was taken for questioning by the NYPD and released without charge several hours later. Protests ensued in the coming days, with participants demanding that Penny be arrested and charged and alleging racism. The incident sparked public debate nationwide, as politicians and members of the public offered differing reactions to Penny's actions, including support and criticism.
Neely's death was ruled a homicide by compression of the neck on May 4. On May 11, Penny was charged with second-degree manslaughter. Penny turned himself into the police the next day and was released on bond. On June 14, he was formally indicted by a grand jury. An additional charge of criminally negligent homicide was added on June 28. Penny pleaded not guilty to both charges. If convicted, Penny would face up to 20 years in prison. Two men shown in Vázquez's video helping Penny restrain Neely were not charged. Penny's trial is scheduled to begin with jury selection on October 21, 2024.
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