Daniel Penny

On May 1, 2023, Jordan Neely, a 30-year-old black man who was homeless, was killed by Daniel Penny, a 24-year-old white former Marine.

Penny placed Neely in an extended chokehold while riding the subway in Manhattan, New York City, U.S.

Neely boarded the train at Second Avenue station just before it departed and reportedly began screaming that he was hungry, needed a job, was not afraid of going to prison, and was ready to die.

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.

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 station, while other passengers held the doors open to prevent it from moving.

During the chokehold, some bystanders gave warnings on Neely's health, while others expressed support for Penny's actions.

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.

Vázquez was widely quoted as saying the chokehold lasted a total of fifteen minutes; however, he later told CNN it was around seven minutes.

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 and administered CPR.

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.

Although his identity was known to the press the day after the incident, his name was not published for several more days; only his age, race, and mention of his marine service were initially given.

Protests ensued in the coming days, with participants demanding that Penny be arrested and charged with homicide.

The incident sparked public debate nationwide, as politicians and veterans issued 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.

When he turned himself into the police the next day, he was arraigned and released on a $100,000 bond.

On June 14, he was formally indicted by a grand jury.

At a June 28 hearing, the indictment was unsealed, revealing an additional charge of criminally negligent homicide.

Penny pleaded not guilty to both charges.

If convicted, Penny would face between five and fifteen years in prison for manslaughter, and up to four for negligent homicide.

Two men shown in Vázquez's video helping Penny restrain Neely were not charged.

The incident took place on the New York City Subway in Manhattan.

Neely boarded a northbound F train at the Second Avenue station just before it departed for Broadway–Lafayette Street station.

Penny was in the same train car, planning to go to a gym.

Vásquez 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."

Another witness heard Neely say "someone is going to die today."

Vasquez said that Neely was frightening but "had not assaulted anyone".

Other witnesses said that Neely made "half-lunge movements" at other passengers and was within "half a foot of people", and recalled fearing for their lives.

In an interview with New York magazine's Curbed, Vázquez repeated much of his account as reported by the New York Times:

[Neely] stopped the door from closing and he got on the train.

And he stood in the middle of the train car, and then he started yelling that he didn't have food, that he didn't have water.

From what I understood, he was yelling that he was tired, that he didn't care about going to jail.

I tried to start filming from that moment, but I didn't because I couldn't see anything – it was too crowded.

And then I heard him take off his jacket.

He bundled it up and just threw it on the floor, very violently.

You could hear the sound of the zipper hitting the floor.

At that moment, when he threw the jacket, the people who were sitting around him stood up and moved away.