New York City is known for its diverse population and bustling streets, but it is also a city that has been plagued by issues such as crime, homelessness, and mental illness. These issues came to the forefront in 2023 when a tragic incident occurred on a subway train, resulting in the death of Jordan Neely, a mentally ill Black man. The incident also brought to light the complex and often controversial topics of public safety, valor, and vigilantism.
On Monday, Marine veteran Daniel Penny was acquitted of criminally negligent homicide in Neely’s death. The jury had previously deadlocked on a more serious manslaughter charge. The verdict was met with mixed reactions, with both applause and anger erupting in the courtroom. Neely’s father and two supporters were escorted out after reacting audibly, while another person left in tears.
The case, which was brought by Manhattan District Attorney Alvin Bragg, divided the public and amplified many American fault lines, including race, politics, crime, urban life, mental illness, and homelessness. Neely was Black, while Penny is white. The case also sparked dueling demonstrations outside the courthouse, with high-profile Republican politicians portraying Penny as a hero and prominent Democrats attending Neely’s funeral.
Penny, a 26-year-old Marine veteran who went on to study architecture, had been riding the subway when he encountered Neely, a 30-year-old subway performer with a tragic life story. Neely’s mother was killed when he was a teenager, and he struggled with mental illness after her death. He was diagnosed with depression and schizophrenia and had a history of hospitalizations. At the time of his death, he had the synthetic cannabinoid K2 in his system, which can have negative effects on thinking and behavior.
On May 1, 2023, Neely boarded a subway train and began making alarming remarks and gestures. Witnesses reported that he tried to attack people and indicated that he would harm riders. Some passengers were afraid, and one even shielded her 5-year-old child from Neely. It was in this tense and volatile situation that Penny intervened, using a chokehold on Neely to restrain him.
Penny’s attorneys argued that he was protecting himself and other passengers from a potentially dangerous and mentally ill man. However, prosecutors argued that Penny reacted too forcefully and that the need to protect passengers quickly diminished when the train doors opened at the next station. They also pointed out that Neely was unarmed and did not touch any passengers.
The case brought to light the use of chokeholds, a controversial restraint technique that has been banned by the New York City Police Department. Penny, who had been taught the technique during his time in the Marines, claimed that he modified it as a civilian restraint. However, one of his Marine Corps instructors testified that he had misused the technique.
During the trial, a pathologist hired by the defense argued that Neely’s death was not caused by the chokehold but by a combination of factors, including K2, schizophrenia, and a blood condition. The defense also presented witnesses who described Penny as an upstanding, patriotic, and empathetic man.
The manslaughter charge against Penny would have required proving that he recklessly caused Neely’s death. The lesser charge of criminally negligent homicide involves engaging in serious “blameworthy conduct” without perceiving the risk. Both charges were felonies and carried the possibility of prison time.
While the criminal trial was ongoing, Neely’s father filed a wrongful death suit against Penny. The case has brought to light many important issues and has sparked discussions about race, mental illness, and the use of force in public safety.
The verdict in this case has left many with mixed emotions. Some believe that Penny was justified in his actions and was simply trying to protect himself and others. Others argue that he used excessive force and should be held accountable for Neely’s death. Regardless of one’s opinion, this case has highlighted the need for better training and protocols for handling situations involving mentally ill individuals.
It is also a reminder of the challenges faced by those struggling with mental illness and homelessness. Neely’s tragic life story is a reflection of the struggles faced by many in our society, and it is a call to action for better support and resources for those in need.
In the end, this case serves as a reminder that there are no easy answers when it comes to issues of public safety, mental illness, and vigilantism. It is a
