Chokehold death on NYC train probed

The homeless man who was killed on a New York subway after being put in a chokehold by a fellow passenger had been flagged by the city as having dire needs that should be tended to, but he slipped through the system, advocates say.

Jordan Neely, a 30-year-old street artist well known for performing as Michael Jackson on the subway and around Times Square, was clearly mentally distressed, shouting that he was hungry and did not care if he returned to jail as he was ready to die, minutes before his death on May 1, witnesses said.

A video of Neely's death, recorded by Juan Alberto Vazquez, another passenger on the subway train, showed fellow passenger Daniel Penny, a 24-year-old former US Marine, putting him in a chokehold for several minutes, ending his life. According to reports, two men helped pin down Neely, who was black. Penny is white.

The New York City medical examiner found that Neely died from "compression of the neck". His death has been ruled a homicide.

Penny has not been arrested and does not face charges currently. Manhattan District Attorney Alvin Bragg is overseeing the investigation of Neely's death. A grand jury is expected to review the case this week to determine if criminal charges are warranted.

The killing of Neely has sparked widespread protests in the city. Homeless advocates and civil rights group are calling for charges to be made in the case.

A protest took place outside Bragg's office on Friday. Demonstrators chanted, "Indict Daniel Penny!" Others shouted, "Jordan Neely deserved better from New York."

Jumaane Williams, the city's public advocate handling complaints about government regulations and services, called for charges to be filed "immediately" in the case.

No warrant for murder

Lennon Edwards, an attorney acting on behalf of Neely's family, said being homeless and hungry should not warrant murder.

Penny's lawyers, Steven Raiser and Thomas Kenniff, said in a statement on 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. Daniel never intended to harm Mr Neely and could not have foreseen his untimely death."

New York City outreach workers had placed Neely on a "Top 50" list of homeless people who needed urgent care from a range of agencies. The list is supposed to be an alert system for homeless organizations to ensure no one slips through the cracks.

Neely's life changed after his mother, Christine Neely, went missing and died in 2007, when she was 36. Neely was 13 years old then.

Following her death, Neely dropped out of school. He started performing as the King of Pop and dressed like him. In recent years, friends said he battled drug addiction to K2, a synthetic marijuana substance. He had also been arrested 42 times for jumping subway turnstiles, petty larceny, theft and three assaults on women in the subway, between 2019 and 2021.

Neely's death has placed a spotlight on NYC Mayor Eric Adams' policies regarding homelessness. Progressive Democrats have criticized his policies regarding public safety and mental illness.

Adams, a former police officer who ran on a tough-on-crime platform during his successful 2021 mayoral bid, entered office seeking to overhaul the city's approach to homelessness and public safety.

Last year he announced a plan to remove homeless individuals from the subway and directed law enforcement and emergency medical workers to involuntarily hospitalize individuals deemed to be in "psychiatric crisis".

"This is what highlights what I've been saying throughout my administration," Adams said last week about the Neely incident. "People who are dealing with mental health illness should get the help they need and not live on the train. And I'm going to continue to push on that."

Agencies contributed to this story.