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Protesters in New York City called for charges against a former U.S. Marine who choked a homeless black man to death on the subway they were both riding in.
The death of Jordan Neely, 30, on Monday has stoked an outcry over the lack of city support for those suffering from mental illness and homelessness and revived anger over treatment of non-white Americans.
Hundreds of demonstrators displayed signs saying “Justice for Jordan Neely” and “Being poor is not a crime” at one protest in Washington Square Park in lower Manhattan Friday evening.
Authorities have yet to identify the former Marine. But criminal defense law firm Raiser & Kenniff said in a statement that it was representing him and identified the man as Daniel Penny.
Earlier on Friday, the New York Young Communist League protested at the Manhattan District Attorney’s office demanding that Penny be charged. Protesters also demanded an investigation of the police who, according to media, let him go after questioning him.
Penny, who placed Neely in a chokehold while both rode the F train, has not been charged. The district attorney’s office said it was investigating the incident and would review the medical examiner’s report, which ruled Neely’s death a homicide due to compression of the neck.
The examiner’s homicide finding alone does not imply intent or culpability, which are issues that prosecutors will consider in deciding whether to bring criminal charges.
Neely, who was Black, was homeless, according to media reports. The 24-year-old Penny, who was white, was questioned by police and released on Monday, media said. Protest organizers called the act a “lynching” and an example of “white vigilantism” against people of color.
New York Mayor Eric Adams cited mental health issues as having a role in the incident, but said he would refrain from commenting further while the investigation is under way.
A spate of attacks on train passengers last year, particularly Asian Americans, prompted Adams to increase police patrols and expand outreach to the mentally ill in the subway system, citing rising homelessness in the wake of the pandemic.
A video of the incident that has circulated on social media showed Penny applying a chokehold to a man identified as Neely on the floor of a subway train for more than three minutes. Two other men are seen in the video restraining Neely’s arms before he went limp.
The altercation occurred after Neely boarded the train and began yelling at passengers, saying he was hungry and ready to die, the New York Times reported, citing police.
Democratic U.S. Representative Alexandria Ocasio-Cortez, whose district includes neighborhoods in the New York City boroughs of the Bronx and Queens, said Neely was murdered and called for Penny’s arrest.
