The death of Jordan Neely, a 30-year-old, homeless man, has received extensive media coverage, since he died from a choke hold on a New York subway on May 1, 2023. The rear naked choke, of sorts, was administered by Daniel Penny, a 24-year-old college student and Marine veteran from Long Island. Video of the incident shows that Penny’s technique was unpracticed, but, obviously, was somehow sufficient to cause death.
What Happened
Neely and Penny were among the passengers on a northbound F train in New York’s city subway in Manhattan, when the former began acting erratically. Neely was throwing trash at passengers, and began ranting. “I don’t have food, I don’t have a drink, I’m fed up.” he reportedly screamed. “I’m not talking no for an answer. I’ll hurt anyone on this train. I don’t mind going to jail and getting life in prison. I’m ready to die.” Neely then removed his jacket, and threw it to the ground in a manner described as aggressive and frightening by an eyewitness, freelance journalist Juan Alberto Vasquez.
Vasquez said he felt fear, and he believes other passengers did too. At that point, Penny approached Neely from behind, and applied a standing rear naked choke. The altercation then went to the ground. In an interview with Curbed, Vasquez described Penny securing what sounds like Back Mount: “That move of grabbing him by the neck also led him to grab Neely by the legs with his own.”
The video opens with two other passengers assisting, holding Neely by the limbs. Neely has already gone unconscious. The train had just pulled into the station, and the doors opened.
“When the two doors opened, everyone rushed out, obviously afraid, because now there was an actual fight,” reported Vasquez in Spanish, via translation. “I got out, and I was watching them on the floor with this other man helping to hold Neely down. And then there’s just this confusion over what to do, all these people standing around on the platform, and some of them were yelling, ‘Call the police, call the police.’ There were a couple of people who approached the blond guy, they say he’s a Marine, and asked him, ‘What’s going on?’ And he told them to call the police.
“Obviously, the conductor had no idea what was going on. He was just going to close the doors and keep going. But there were people who stood between the doors and said, ‘No! Don’t close the doors!’ I went over to the conductor too, and he was saying over the speaker, ‘Police, police!’ But obviously, there weren’t any police in the station. So I went back to where the scene was. And that’s when I started to film.”
“I started to film from outside, through the window of the subway car, and then went back inside. They were just lying there. Then, when Jordan tried to escape again, they rolled over, and I could see his face and his attempts to escape. Then he wasn’t moving anymore, and we were all looking at each other, like, ‘What’s going on? Did he faint? What happened?’”
Another witness can be seen asking Neely to release the choke.
You gotta let him go,” he said. “My wife is ex-military. You gonna kill him now…I’m tellin’ you.
The video below was taken by Vasquez, whose Facebook page is Luces de Nueva York (New York lights). WARNING: It shows a man being choked to death.
What Happened Next?
EMS workers at the station were unable to revive Neely. He was rushed to Lenox Hill Hospital, where he was pronounced dead. Penny was questioned by police, and released the same day.
The medical examiner officially deemed the death a homicide, citing compression of the neck. However, that classification does not mean there necessarily was intent or culpability. The office of Manhattan district attorney Alvin Bragg is investigating, as explained in a public statement:
“This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life,” it reads. “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. This investigation is being handled by senior, experienced prosecutors and we will provide an update when there is additional public information to share. The Manhattan D.A.’s Office encourages anyone who witnessed or has information about this incident to call 212-335-9040.”
Penny was a sergeant in the US Marines, serving from 2017 to 2021, has no criminal record. He’s hired former Republican Manhattan District Attorney candidate Thomas Kenniff to represent him. Kenniff ran against Bragg in 2021. Penny’s attorney released a public statement:
Earlier this week Daniel Penny was involved in a tragic incident … which ended in the death of Jordan Neely. We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr Neely, it read.
Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
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.
The incident of a white man killing a black man in New York has triggered debates, protests, and vigils across the city, demanding justice in the case. The case will reportedly go before a grand jury next week, to determine whether or not criminal charges will be brought against Penny. Perceptions are highly polarized on the case, with many believing Penny is the hero and Neely the villain, while others hold that the reverse is true.
Who was Jordan Neely?
The life and death of Jordan Neely are both steeped in tragedy. He grew up in Bayonne, New Jersey, and when he was 14, his mother was murdered and left in a suitcase on the side of the Henry Hudson Parkway. Place in foster care as a youth, Neely reportedly developed depression, schizophrenia, and post-traumatic stress disorder after the murder of his mother.
He was known locally as a Michael Jackson impersonator, and performed in Times Square, on subways, and in subway stations. And law-enforcement officials say he had been arrested 42 times by the NYPD. While many of the arrests were for minor infractions, three were for unprovoked assaults on women in the NYC subway. He pleaded guilty to felony assault of a 67-year-old woman in November 2021. He punched the elderly woman as she exited the train station, fracturing an orbital bone and breaking her nose. At the time of his death, Neely was subject to an alternative to incarceration program. He had a warrant issued for his arrest, due to his missing a court date to update a judge on his progress in the program.
Technical breakdown of the choke
Penny’s application of the choke is that of someone who has seen it on television, likely either in MMA or professional wrestling, but has not been properly instructed in how to apply the hold. The application was incorrect in multiple ways that any white belt in jiu-jitsu would instantly recognize as wrong:
•The choking arm is blocking off the carotid artery only on one side of the neck.
•The other, securing hand, is on top of Neely’s head, rather than behind it, where it would be hard to dislodge. The hand on top of the head is in the manner of a pro wrestling “Sleeper Hold”; the arm can readily be pulled off, and the choke is loose, which is ideal for an exhibition, but not for trying to render someone unconscious.
•Penny’s choking arm grips his own forearm, rather than on his upper arm or even shoulder, again leading to a loose, light choke.
A properly applied rear naked choke on someone unfamiliar with the defenses to it, would typically result in unconsciousness in ten seconds, on the outside. Vasquez says the physical struggle lasted approximately 15 minutes.
There are a number of factors influencing how long death would take from a rear naked choke. These include how much blood flow was cut off, the cardiovascular capacity of the individual being choked, their physical activity at the time, and much more. It is not known definitively how long a choke would lead to death, but it is a reasonable estimate that damage could begun as quickly as a minute or less, and death could occur after several minutes.
And that said, the choke itself, applied in a sporting context, and released immediately after unconsciousness, is an everyday occurrence in judo, grappling, and MMA gyms and competitions. The legendary Gene LeBell (RIP) used to choke people out as a casual form of something like greeting.
However, as noted, a rear naked choke, properly applied, will cause death in a small number of minutes if not released.
