Killing of Jordan Neely

On May 1, 2023, in New York City, Jordan Neely, a 30-year-old black homeless man, was killed after being put in a chokehold by Daniel Penny, a 24-year-old white United States Marine Corps veteran while riding the New York City Subway. Neely boarded the car Penny was riding and reportedly began threatening passengers. After the train had left the station, Penny approached Neely from behind to apply the chokehold, and maintained it in a sitting position until Neely went limp a few minutes after the train had reached the next stop. First responders unsuccessfully attempted to revive Neely, who was declared dead after being transported a hospital. Penny submitted to voluntary questioning at a police precinct office, and was released without charge later the same day.

Two days later, the medical examiner's office ruled that Neely's death was homicide by compression of the neck. A week after that, Penny was charged with second-degree manslaughter and released on bond. He was formally indicted by a grand jury, with a lesser charge of criminally negligent homicide added on June 28. Penny pleaded not guilty to both charges, under which he faced up to 15 years in prison. His trial began in October 2024 and concluded that December. The manslaughter charge was dismissed on the request of the prosecution after the jury deadlocked. He was then acquitted on the remaining charge of criminally negligent homicide. A wrongful death suit by Neely's father remained pending as of December 2024^[update].

Neely's death and Penny's acquittal sparked controversy and division along partisan and racial lines, renewing debates about New York City's treatment of people with similar histories of homelessness and mental illness. Critics of Penny characterized him as a vigilante motivated by racism, whom authorities should have immediately arrested and charged with murder, but hadn't because of double-standards. Supporters of Penny highlighted his military service, calling him a Good Samaritan and hero seeking to protect other passengers. Donations to his legal defense totaled nearly $3 million. Neely's criminal record, which included several convictions for assault, was another source of controversy.

The incident took place on the New York City Subway in Manhattan. Some time after 2:00 p.m. (EDT) on May 1, 2023, Neely boarded a northbound F train at the Second Avenue station just before it departed for the Broadway–Lafayette Street station. Penny was in the same train car, planning to go to a gym. Independent journalist Juan Alberto Vázquez, whose video of the chokehold was widely distributed by media, told The New York Times that Neely began screaming, "I don't have food, I don't have a drink, I'm fed up. I don't mind going to jail and getting life in prison. I'm ready to die," which other witnesses largely corroborated. Vázquez also said that Neely was frightening but had not assaulted anyone. Other witnesses reported Neely throwing garbage at passengers, and a mother stated that she hid with her child behind a stroller after Neely charged at other passengers. About one minute after Neely boarded it, the train reached Broadway–Lafayette Street station. Most riders exited the car while a few others held open the train doors, preventing the train from leaving the station, and waited for police to arrive.

Statements about the duration of the chokehold vary significantly. Vázquez initially told NBC New York, and posted on Facebook, that the chokehold lasted for 15 minutes, but later told CNN that "the two men were on the floor for about seven minutes" and that he "started recording about three or four minutes after the chokehold began". The video showed Penny continuously applying the hold for at least 3 minutes before releasing Neely. Even so, the 15-minute figure continued to be widely circulated, which Penny disputed at the time, saying it had only lasted 5. In Penny's criminal trial, prosecutors said that the chokehold began less than 30 seconds before the train arrived at the Broadway-Lafayette Street station, and lasted for 6 minutes.

Neely struggled against the chokehold by kicking and trying to free his arms, which were being pinned by two other men. A witness said that it did not look like Penny had control of the situation due to the struggle.

Vázquez said that Penny asked other riders to call the police while he had the chokehold. Penny had learned the technique for restraint in basic training. Another witness said that at some point during the chokehold, Penny relaxed his grip on Neely, and Neely coughed up a wad of blood and mucus. The same witness noted that nobody on the train car was telling Penny to stop his chokehold, and that some passengers expressed hostile statements toward Neely and support for Penny's actions.

At 2:29 p.m., a passenger on the train warned that Neely had defecated on himself, a sign that he may be dying, saying, "You don't want to catch a murder charge. You got a hell of a chokehold, man." One of the other men restraining Neely responded, saying that the excrement on Neely's pants was old. He also responded to the warning by saying that Penny had stopped "squeezing" Neely's neck.