What to Know
- 30-year-old Jordan Neely died on a train at the Broadway-Lafayette station in Manhattan a week ago after allegedly threatening passengers and being put into a chokehold by a rider; that rider, identified as 24-year-old Daniel Penny, was questioned by the NYPD and later released from custody
- The medical examiner's office ruled Neely's death a homicide, which incited a debate around whether the rider's actions were justified defense or vigilantism; sources say the Manhattan DA's office could bring the case before a grand jury as early as this week
- Multiple protests have taken place in Manhattan since the 30-year-old's death; in the latest case, nearly a dozen were arrested and a Molotov cocktail recovered from the ground in SoHo
At least 11 people were arrested, and a Molotov cocktail seized, at Monday night's protest over last week's subway chokehold death of Jordan Neely, the latest in a series of demonstrations that have seen mass transit disrupted as New York City awaits word on whether the Manhattan district attorney will bring criminal charges in the case.
The White House has now also weighed in, ahead of President Joe Biden's planned fundraising trip to New York this week. Calling Neely's death "tragic and deeply disturbing," a spokesperson offered condolences to friends and family.
"We firmly believe that the events surrounding his death demand a thorough investigation," the White House said.
Get New England news, weather forecasts and entertainment stories to your inbox. Sign up for NECN newsletters.
In total, at least two dozen people were taken into custody between the most recent protest and one on Saturday that saw throngs jump onto the track bed at the Lexington Avenue station and block the path of a Q train. While affirming their right to peaceful protest, top NYPD officials issued a stern warning early Tuesday about inciting violence.
The group rallied outside the Broadway-Lafayette station where the 30-year-old Neely lost his life last Monday. It was supposed to be a vigil in Neely's honor. About 150 demonstrators flooded the immediate area, some holding signs demanding "Justice for Jordan Neely" and others calling for more law enforcement accountability.
It was the first Neely protest that saw tensions escalate to violence, with photos showing blood-splattered faces amid a sea of civilians, police officers and NYPD cops in blue community outreach jackets trying to calm the situation. Police used a loudspeaker to clear traffic-blocking crowds from the streets as well as the subway station entrance.
As the crowds moved, video at one point showed multiple officers piling atop something on the ground. It turned out to be a Molotov cocktail, NYPD officials said. No injuries were reported.
That weapon, in particular, evoked memories of the 2020 George Floyd summer protests that saw flaming bottles thrown at the windows of NYPD cruisers, hundreds arrested and dozens of NYPD officers cited for misconduct. And police were quick after Monday's demonstration to remind people of what is -- and isn't -- within their rights.
"We respect people's right to protest. We respect their First Amendment rights, but we will not tolerate breaking the law," NYPD Chief of Department Jeffrey Maddrey said. "More importantly, we will not tolerate people bringing weapons and dangerous substances to peaceful protests."
Specific charges against those arrested Monday night weren't immediately known, but Maddrey described the offenses as "different violations of the law." Some questioned police actions at the demonstration, especially around the arrest of a journalist who allegedly interfered in the NYPD response. Maddrey said the reporter -- and others -- were warned multiple times about potentially illicit actions as they unfolded, and that police acted with restraint in arrests.
"We understand why people want to elevate their voices and protest. And we support that people have a right to speak up when they believe an injustice occurs. But we cannot have people coming out to protest bringing dangerous substances like this," Maddrey said of the firebomb. "We just really ask our communities, or people who want to come out and elevate their voices, not to engage in that kind of behavior. They could hurt themselves. They can hurt members of the department, co-protesters and innocent people. And it's going to really defeat the purpose."
The developments come as New York City again awaits a decision by Manhattan District Attorney Alvin Bragg, this time whether to bring potential charges against 24-year-old Daniel Penny, the ex-Marine seen on video putting his hands around Neely's neck after the alleged F train disturbance on the afternoon of May 1.
Neely died a short time later.
The medical examiner's office ruled his death a homicide the following day, igniting a firestorm around Perry, who was declared a murderer by some of the same people who hailed him as a good Samaritan for his actions a day earlier.
Two sources familiar with the matter say Bragg won't make a decision on whether or when to protest a possible case until later this week. They say the investigation is ongoing. Officially, Bragg's office has declined comment on the Neely case and referred reporters to a previously released statement from last week.
More News
"This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life," that statement said. "As part of our rigorous ongoing investigation, we will review the Medical Examiner’s report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records."
MTA sources say the chokehold happened while the train was stopped on the northbound side and the doors were open. There was no functional camera at the platform level of the station, they added. The NYPD is requesting footage from several nearby stations and asking the public for any witness statements or footage that might inform the case.
NYC Subway Chokehold Death Sparks Debate
The growing outcry for justice has been bolstered by many who say they are angry and fed up with a system that failed Neely, who was living on the streets, performing as Michael Jackson while battling mental illness.
"Mr. Neely suffered from mental illness which began at age 14 when he experienced the brutal murder of his mother. It is a tragedy for all of us to know that Jordan Neely’s life was also cut short. Mills & Edwards is committed to holding accountable the MTA and Neely’s killer," his family's attorneys said in a statement last week.
During the deadly chaos, witnesses and sources say Neely was acting aggressively on the F train. They said he was hungry, thirsty and didn't care about going to jail, but had not attacked anyone before Penny put him in the deadly chokehold. The NYPD and other officials have asked the public to submit any footage or images that may assist.
Penny's attorneys released the first statement on behalf of their client Friday, saying he "never intended to harm" the 30-year-old homeless man, and "could not have foreseen his untimely death."
"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,' the lawyers' statement reads. "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."
Neely's family, in a new statement Monday, called that an "admission of guilt."
"Daniel Penny’s press release is not an apology nor an expression of regret. It is a character assassination, and a clear example of why he believed he was entitled to take Jordan‘s life," the joint statement from Neely's family attorneys said. "The truth is, he knew nothing about Jordan's history when he intentionally wrapped his arms around Jordan‘s neck, and squeezed and kept squeezing."
They continued later: "It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message. He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."
Since Penny's identity was made public, those seeking justice on behalf of Neely have sought to identify the two other people seen holding him down on video.
Mayor Eric Adams has said that the incident underscores what he says is a need to remove people with mental illness from the transit system — a push he began with Democratic colleague Gov. Kathy Hochul in the early days of his administration. Hochul has said she is pleased the district attorney's office is investigating.
