By Jason Carroll, Omar Jimenez, Nicole Grether and Eric Levenson | CNN
The household of Jordan Neely, the person who was held in a chokehold and died on the subway in New York final week, issued a press release criticizing the “indifference” of the person who restrained Neely and calling for his imprisonment, whereas prosecutors continued investigating the case.
“Daniel Penny’s press launch just isn't an apology nor an expression of remorse. It's a character assassination, and a transparent instance of why he believed he was entitled to take Jordan’s life,” household attorneys Donte Mills and Lennon Edwards stated.
“Within the first paragraph he talks about how ‘good’ he's and the following paragraph he talks about how ‘dangerous’ Jordan was in an effort to persuade us Jordan’s life was ‘nugatory,'” the attorneys stated. “The reality is, he knew nothing about Jordan’s historical past when he deliberately wrapped his arms round Jordan’s neck, and squeezed and stored squeezing.
“Within the final paragraph, Daniel Penny means that most of the people has proven ‘indifference’ for individuals like Jordan, however that time period is extra appropriately used to explain himself. It's clear he's the one who acted with indifference, each on the time he killed Jordan and now in his first public message. He by no means tried to assist him in any respect. In brief, his actions on the practice, and now his phrases, present why he must be in jail,” they stated.
The assertion was launched amid rising strain from protesters to deliver legal costs in Neely’s dying. Attorneys for Penny, the 24-year-old US Marine veteran who put Neely within the deadly chokehold, have stated he acted to guard himself and different riders.
The killing got here as New York has tried to grapple with a rising inhabitants of unhoused individuals and a psychological well being disaster. Final 12 months, New York Metropolis unveiled a plan to fight crime and deal with homelessness within the subway system, a difficulty that Gov. Kathy Hochul known as a “very actual humanitarian disaster unfolding earlier than our eyes for a lot too lengthy.”
Prosecutors within the Manhattan District Legal professional’s Workplace conferred over the weekend, and conferences might be performed with the New York Metropolis health worker’s workplace in addition to detectives working the case this week as they proceed to find out a pathway ahead, a legislation enforcement supply instructed CNN.
Penny was interviewed by detectives and launched, the supply stated. The health worker’s workplace dominated the dying a murder, however prosecutors haven't introduced legal costs.
In a press release final week, Penny’s attorneys expressed condolences to Neely’s household and defended his actions.
“When Mr. Neely started aggressively threatening Daniel Penny and the opposite passengers, Daniel, with the assistance of others, acted to guard themselves, till assist arrived,” the attorneys stated. “Daniel by no means supposed to hurt Mr. Neely and couldn't have foreseen his premature dying.
“For too lengthy, these affected by psychological sickness have been handled with indifference. We hope that out of this terrible tragedy will come a brand new dedication by our elected officers to handle the psychological well being disaster on our streets and subways.”
What occurred main as much as Neely’s dying
Those that knew Neely stated he was a proficient dancer who eked out a dwelling as a Michael Jackson impersonator in Instances Sq. and on New York’s subways. However he fell on laborious occasions in recent times, in response to a buddy and a relative, and was dwelling on the road and struggling together with his psychological well being.
Final Monday, Neely started shouting at passengers that he was hungry, thirsty, and had little to dwell aboard a subway practice in downtown Manhattan.
“I don’t care if I die. I don’t care if I am going to jail. I don’t have any meals … I’m completed,” Neely stated, in response to a witness.
Penny got here up behind Neely and put him in a chokehold, forcing him to the ground and preserving him restrained for a number of minutes till he stopped respiration. Police ultimately arrived to the station and administered first help to an unconscious Neely, and he was pronounced lifeless later.
Neely didn't work together with the passenger in any respect earlier than the assault, in response to Juan Alberto Vazquez, who recorded the altercation on video.
A person who was aboard the identical subway practice instructed CNN that Neely was “staring off” and “limp” after he was launched from the chokehold.
“I noticed that his eyes had been staring off and that he was limp,” stated Johnny Grima, who was watching the incident from one other practice automotive. “So I went in by way of one other door and I stated to them, ‘Put him on his aspect so he doesn’t choke on his personal spit or one thing,’ and so they flipped him over.”
Grima stated he tried to pour water on Neely’s head, however Penny got here as much as him and instructed him to cease.
“He obtained over him and stated, ‘Cease,'” Grima instructed CNN. “I ought to have been extra on it, man, and never walked away, however I did. And so they had been telling those who he nonetheless had a pulse and he was respiration, alright? So like, that’s why I feel individuals actually weren’t making an attempt.”
Grima stated Penny was “commanding” and stood over Neely “till mainly the police got here.”
CNN has reached out to an lawyer for Penny for touch upon Grima’s description of the incident however has not heard again.
Grima stated he took images of Neely as a result of he thought he was nonetheless alive and posted them to his Instagram account. He talked with a detective on Friday and offered the images, he instructed CNN.
“It’s horrific what homeless individuals need to undergo — they’re handled like one thing dangerous,” stated Grima, who's previously homeless himself.
“It’s harmful, you recognize?” he added. “That is displaying that individuals can kill homeless individuals once they’re having a psychological well being episode and it’s okay simply since you felt concern.”