NOT GUILTY Daniel Penny on Trial for manslaughter and negligent homicide of Jordan Neely #4

[Sundog]

Thankyou for consistently being a reasonable and compassionate voice on this thread. It really is possible to hold both opinions. They aren't mutually exclusive. Moo.

I maintain my faith in the law and the concept of just accountability. DP's continuous application of chokehold for six minutes (whilst being assisted by two others holding JN on either side) until JN was rendered unconscious and asphyxiated, was not ok. And DP maintained that hold even as concerned citizens told him to let go. Told him it was safe to let go. He maintained the hold as JN entered the stage of involuntary movement/twitching that precedes death. That's on video and in testimony. Links posted numerous times. Moo

It was right to bring DP to trial on charges based not on intent but on recklessness and negligence.Moo

This case has it's own specifics. Like most cases it has its own set of unique circumstances.

So speaking to your second point, I don't understand why some fear, depending on the outcome here, they could be routinely charged in the future for;

1) rendering first aid to strangers in the subway or elsewhere; and/or (?)

2) 'neutralising' a perceived threat with reasonable force.

In the case of 1); there is no relevance whatsoever as regards DP's charges. He wasn't rendering first aid when JN was killed. Moo

In the case of 2); for those inclined to bring down a perceived threat with bodily force, nothing to fear here. Just don't use potentially lethal force such as cutting off air supply over a period of minutes, especially whilst being ably assisted by two other people holding down the person on either side. But if you nonetheless do go ahead with a chokehold, do listen to the concerns of others and release when your assistants say they have the person secured. And especially take note if someone points out the person you are restraining around the neck appears to be involuntarily twitching and you appear to be killing them. Moo

Nothing to fear when using reasonable non-reckless force for up to 6 minutes or longer. Just bring your subject down from behind and, with the assistance of two other strong men ( or women) on either side of the person, hold them still. Don't choke them around the neck. Even if your subject continues to vocalise, your physical restraint renders words harmless. Instruct another bystander as clearly as possible to call security/transport cops ASAP. Moo

If you want you can check and confirm that the person is packing a sandwich or some potato chips but not a weapon. People using non-reckless bodily force continuously for 6 minutes or longer don't need to sweat it. Jmo.

There are a lot of unknowns when a Good Samaritan engages in a situation like this, that is why we have justifiable homicide as a legal defense.

Looking foreward to DP's exoneration on Monday or soon thereafter, whether by the jury or by the appellate courts.

 

[LinasK]

There are a lot of unknowns when a Good Samaritan engages in a situation like this, that is why we have justifiable homicide as a legal defense.

Looking foreward to DP's exoneration on Monday or soon thereafter, whether by the jury or by the appellate courts.

Good Samaritans provide medical aide. That's NOT what Penny was doing. He was playing vigilante.

 

[Donswife48]

Lawyer slams Manhattan DA for trying to 'strong-arm' Daniel Penny jury

DA Alvin Bragg faces criticism for 'strong-arm' tactics in the Daniel Penny trial after a manslaughter charge was dismissed. The jury can now focus on a lesser count of criminally negligent homicide.

www.dailymail.co.uk

U.S. assistant attorney Andy McCarthy has accused Bragg of using 'strong-arm' tactics to sway the jury.

According to McCarthy, Bragg added a controversial recklessness charge to the indictment to provide the jury with the option of a compromise and increasing the likelihood of a conviction - even if it doesn't result in any jail time.

Writing in National Review, McCarthy wrote, 'Bragg added a baseless recklessness charge to the indictment so the jury would have two counts, increasing the odds of conviction by giving the jury something to compromise on.'

 

[Sleuth2010]

DP was trained in the Marines and knew how to administer a chokehold and he knew how long was safe, yet DP held the chokehold for considerably longer than he was trained to do. That time would be deadly for anyone, not just someone with sickle cell trait.

It was testified at trial that DP used a blood choke.

Here's info about a blood choke from the Marine website (DP would have had more training as this info is for tan belts and DP earned a green):

“A properly applied blood choke can knock out an enemy in less than eight seconds,” said Karnes. “Trying to restrict air to a victim can take close to a minute, which is enough time for the enemy to fight back.”

DP held the choke for MINUTES (plural).

The claim JN died because he struggled and sickle cell got him requires a need to struggle - and that need was a chokehold. The chokehold killed him and it would've killed someone who didn't have sickle cell trait. imo

DP was trained by the Marines, earned a green belt which shows he knew what he was taught, and he used a hold he knew was deadly when held as long as he held it. imo

Co. C recruits learn responsible use of force

In their fourth week of training, recruits of Company C, 1st Recruit Training Battalion, learned chokes and counter techniques during a Marine Corps Martial Arts Program session aboard Marine Corps

www.marines.mil

Thanks for the information. Thinking that in the moment, adrenaline/fear/unexpected circumstance and passengers concerns (screams) and rising anxiety of the moment... effected perception of time.
There was no harm intended, only over reaction ( which is understandable) in a panicked moment. People were panicking and voices raised. It was a very very bad situation.
This wasn't a George Floyd killing. This was in the zone, reacting.
"In February, Mr. Neely, who had been in jail on an assault charge for punching a 67-year-old woman and breaking several bones in her face..."

it's beyond sad... but this young man doesn't deserve jail time. He was trying to do the right thing ( for others) but in the wrong way.

Its sad Neely was a good man, tortured by his mind and actions...

Condolences to everyone and everybody effected by this.

imo moo

 

[Donswife48]

Good Samaritans provide medical aide. That's NOT what Penny was doing. He was playing vigilante.

McCarthy pointed out that Penny had adjusted Neely's position to help him breathe, cooperated with police, and was unaware Neely had died during the incident.

'There is evidence that Penny moved Neely into a position that would make breathing easier, waited for the police to come and fully cooperated with them, and did not even know Neely was dead when he voluntarily spoke to police and explained what happened — that he wasn't trying to hurt Neely, just subdue him until the police arrived.

Lawyer slams Manhattan DA for trying to 'strong-arm' Daniel Penny jury

DA Alvin Bragg faces criticism for 'strong-arm' tactics in the Daniel Penny trial after a manslaughter charge was dismissed. The jury can now focus on a lesser count of criminally negligent homicide.

www.dailymail.co.uk

 

[Marysmith]

Thanks for the information. Thinking that in the moment, adrenaline/fear/unexpected circumstance and passengers concerns (screams) and rising anxiety of the moment... effected perception of time.
There was no harm intended, only over reaction ( which is understandable) in a panicked moment. People were panicking and voices raised. It was a very very bad situation.
This wasn't a George Floyd killing. This was in the zone, reacting.
"In February, Mr. Neely, who had been in jail on an assault charge for punching a 67-year-old woman and breaking several bones in her face..."

it's beyond sad... but this young man doesn't deserve jail time. He was trying to do the right thing ( for others) but in the wrong way.

Its sad Neely was a good man, tortured by his mind and actions...

Condolences to everyone and everybody effected by this.

imo moo

Thank you for being empathetic towards Jordan Neely as well.
Yes it was an overreaction but he had 5 minutes to correct it and chose not to. Other people told him to stop the chokehold and he also chose to ignore them.

 

[katydid23]

Before I start, this is a genuine question as I am not from the US. Just clearing that up so as not to come across as antagonistic.

Who pays for this? Is mental health treatment, especially in severe cases such as Jordan's, state funded or do families have to pay? Are the meds that people like Jordan need free, or would they have to pay for the prescriptions?.
Over here it's free and prescriptions are free if you cannot work or are on a low income, if not then they're charged at £9.90 per item.

What I am wondering is if someone can afford to be mentally ill, or if the street drugs are cheaper?

The Homeless, experiencing chronic mental health issues can get free medical care, including prescriptions, through a couple programs:

• Amida Care
  A nonprofit organization that offers a Medicaid Managed Care Special Needs Health Plan (SNP) called Live Life Plus. This plan is available to people experiencing homelessness, regardless of their HIV status.
  
  • Two or more chronic conditions
    
    
  • One qualifying chronic condition, such as HIV/AIDS, Serious Mental Illness (SMI), Sickle Cell Disease, Serious Emotional Disturbance (SED), or Complex Trauma
    
• Enrollment
  The New York State Department of Health (DOH) began mandating enrollment of the homeless population in April 2012.
  

You can apply for Medicaid in New York by:

• Calling the HRA Medicaid Helpline at 1-888-692-6116
• Visiting a Medicaid Office
• Applying online with ACCESS HRA
  

To receive Medicaid in New York State, you must be a resident of the state, regardless of how long you've lived there.

Providers rendering services to Medicaid-enrolled individuals experiencing homelessness are to bill NYS fee-for-service Medicaid (FFS) or the MMCP with which the individual is enrolled for services within their scope of practice.

Homeless Healthcare Services New York State Medicaid ...​

New York State Department of Health (.gov)
https://www.health.ny.gov › redesign › sdh › guidance

 

[Lilibet]

Thank you for being empathetic towards Jordan Neely as well.
Yes it was an overreaction but he had 5 minutes to correct it and chose not to. Other people told him to stop the chokehold and he also chose to ignore them.

And during that 5 minutes, the train had stopped at a station and the frightened passengers had exited, which would have calmed the situation, screaming, adrenaline, etc down. And yet, Mr Penny held on, which precipitated Mr Neely dying, whether it was intentional or not. Per the law, it was reckless and/or negligent.

JMO

 

[katydid23]

I know two ex-marines very well. I am not sure about DP's Marine background other than he joined at 18, was deployed twice and was a Sergeant. I wonder about his Marine service because both of the ex-Marines I know well have PTSD, which is triggered if they are in chaotic, stressful situations.

It makes me wonder if DP might have kind of zoned out during that time, like PTSD can make one do, getting confused about where they really are, what they are really doing? My ex-marine friend tried being a Bar Bouncer for awhile, but he soon realised that whenever he ended up in a real scuffle, he sometimes had sudden flashbacks and felt like he was fighting for his life, instead of just throwing a drunk frat boy out of the club.

 

[Marysmith]

I know two ex-marines very well. I am not sure about DP's Marine background other than he joined at 18, was deployed twice and was a Sergeant. I wonder about his Marine service because both of the ex-Marines I know well have PTSD, which is triggered if they are in chaotic, stressful situations.

It makes me wonder if DP might have kind of zoned out during that time, like PTSD can make one do, getting confused about where they really are, what they are really doing? My ex-marine friend tried being a Bar Bouncer for awhile, but he soon realised that whenever he ended up in a real scuffle, he sometimes had sudden flashbacks and felt like he was fighting for his life, instead of just throwing a drunk frat boy out of the club.

The defense would have brought that up, don't you think?

 

[Marysmith]

People are posting all these hypotheticals that Penny acted because of the fear that Neely was going to touch someone but what if he wasn't going to? That's a real possibility. He could have gotten off at the next stop, which was a minute away, and a fellow passenger could have alerted LE that he was acting erratically and a description.

 

[fred&edna]

People are posting all these hypotheticals that Penny acted because of the fear that Neely was going to touch someone but what if he wasn't going to? That's a real possibility. He could have gotten off at the next stop, which was a minute away, and a fellow passenger could have alerted LE that he was acting erratically and a description.

The next station was a minute away? If so, how the heck was JN restrained for all this 5-6 minute stuff?

A minute is long enough for an innocent, law-abiding subway rider to have been injured.

jmo

 

[Marysmith]

The next station was a minute away? If so, how the heck was JN restrained for all this 5-6 minute stuff?

A minute is long enough for an innocent, law-abiding subway rider to have been injured.

jmo

Yes it was. Penny continued to hold pressure on Neely's neck for another 5 minutes after the next station even though others were telling him to stop. This is why his actions merited criminal charges.

 

[fred&edna]

Yes it was. Penny continued to hold pressure on Neely's neck for another 5 minutes after the next station even though others were telling him to stop. This is why his actions merited criminal charges.

Oh, I get your argument, now. I disagree, but I get it.

jmo

 

[PuzzlinEvidence]

I still am gobsmacked by the games that the judge played yesterday on the jury. They had been deliberating for days, working hard to come to an agreement on the charges and instructions that were given. They were unable to reach one, a hung jury was noted, the Allen charge was given, they tried again...respectfully so.

Instead of calling a mistrial.....the judge offers his assistance to the DA.....and DROPS the initial charge. Now, he re-invents instructions, and allows them to only consider the 2nd count...

I'm not seeing anything wrong with what the court has decided here. The jury deliberated on the higher charge, but after several days were still hung. That charge gets thrown out because by this point there's not going to be a unanimous verdict on it. The jury now considers the lesser charge, as one would logically expect.

 

[sunspun]

I would think many would consider that DP will need some to recover from this either way as well. Thats why I find it interesting it’s not for that in addition but mental health instead.

Probably just for those publicly raised funds there may be large amounts elsewhere for DP’s troubles.

All imo

Of all the many people affected by this whole incident, with those effects ranging from inconvenienced to traumatized to losing their very life, Daniel Penny throughout it all has shown himself to be the LEAST affected by it in any way at all. Remarkably, Mr Neely's death seems to have had no effect on DP's emotional well-being, imo. I sincerely doubt he will feel any need for therapy or mental health support over this.

 

[sunspun]

If he had released him too soon and JN injured an innocent person you know Daniel would have been blamed and criticized.

So it's better to finish him off instead of just hurting him, so he can't complain or sue you?

Now that I think about it, that is a "policy" that I've heard people accuse police of having.

 

[Lilibet]

Of all the many people affected by this whole incident, with those effects ranging from inconvenienced to traumatized to losing their very life, Daniel Penny throughout it all has shown himself to be the LEAST affected by it in any way at all. Remarkably, Mr Neely's death seems to have had no effect on DP's emotional well-being, imo. I sincerely doubt he will feel any need for therapy or mental health support over this.

I agree that Mr Penny showed himself to be the least affected by the incident. He was disgustingly jovial and calm at the police station prior to and when being questioned IMO. He did not appear to be affected at all by what he had just been through. He expressed no concern for Mr Neely and called him a “crackhead.” He’s just fine and dandy.

JMO

 

[Seattle1]

Before I start, this is a genuine question as I am not from the US. Just clearing that up so as not to come across as antagonistic.

Who pays for this? Is mental health treatment, especially in severe cases such as Jordan's, state funded or do families have to pay? Are the meds that people like Jordan need free, or would they have to pay for the prescriptions?.
Over here it's free and prescriptions are free if you cannot work or are on a low income, if not then they're charged at £9.90 per item.

What I am wondering is if someone can afford to be mentally ill, or if the street drugs are cheaper?

There was much help available for JN but it could not be forced on him and he was not compliant:

https://nymag.com/intelligencer/article/jordan-neely-death-subway.html

On February 9, 2023, Neely stood before Judge Ellen Biben on the 11th floor at 100 Centre Street. He had taken a plea in the 2021 felony assault, and his case was being heard in the novel “Alternative to Incarceration” court. Established in 2017, the ATI court has a “problem-solving” mission, connecting eligible defendants who have knotty issues related to drug use, mental health, or criminal history with a wide range of individualized therapeutic or supportive programs — housing, residential detox, anger management, outpatient therapy, medication compliance — in exchange for a guilty plea. The deal, Judge Biben reminds each defendant, is this: Adhere to the mandated program and the felony is erased from the record; ditch, rebel, or fail to follow its rules and the defendant will be sent upstate to serve their sentence.

Everyone — Neely’s lawyer, the state’s prosecutor, the judge, Neely himself, and the victim — had agreed he was a good candidate for the ATI court. Although he had been arrested for a violent crime, that behavior was related to “substance abuse and treatment noncompliance with mental-health medication,” the court record said. If he took his prescription meds and stayed off drugs, Neely could be stable. The plan was to conduct Neely directly from the court to Harbor House in the Bronx, a residential facility that specializes in treating people with co-occurring mental illness and drug issues.

After Neely was sworn in, Biben faced him.

Did he understand that he was pleading guilty to a class-D felony?

“Yes,” Neely said.

“Are you pleading guilty because you are, in fact, guilty?”

“Yes.”

Biben set forth the terms of the agreement, then asked Neely if he had left Rikers with his belongings. Neely said he didn’t have any. He was free to go. “You are going to be escorted” to the program, the judge told him. “But you actually have to go, physically and mentally, make it to the program, and commit to being in the program. Do you understand what I’m saying?”

“Yes, I do,” Neely said.

“This is very important,” Biben said. “Because if you leave the program, if you are discharged from the program, if you are out of touch with us, we will not be able to help you, and I’ll have to issue a bench warrant for your arrest. Understood?”

“Yes,” Neely said.

Once out of jail, Neely was “forced back into a world that was exactly the same as when he left,” says a mental-health-care provider at Rikers, a world of scarce options, where the left hand is out of touch with the right, where payment and insurance rules are byzantine and constraining, where well-meaning stakeholders disagree about the best path forward. From Harbor House, Neely had limited contact with the outside world. Its doors are not locked because it is not a prison — and because Medicaid will not pay for psychiatric treatment within a prison setting. Neely left Harbor House on February 22, 2023, less than two weeks after entering.

The reality for Jordan Neely and others like him is that he needed more intensive care than is available in any voluntary inpatient or outpatient program, and he required a more therapeutic kind of attention than exists in any locked one. The state can’t imprison people who aren’t criminals, and it can’t turn mental illness and drug dependence into a crime, a conundrum at the nub of every facile political dispute pitting the civil rights of people with homelessness against perceived threats to public safety. “There should be some transition from Rikers that maybe has a secure element to it but is also therapeutic,” says a person who met Neely during his stay in Rikers. “We’re killing ourselves to jerry-rig what doesn’t exist because it’s too much of a hot potato to talk about any kind of secure, residential, therapeutic environment.” Blizzard is clearer about this: “When he got locked up, that could have saved him.”

Biben issued a warrant for Neely’s arrest on February 23, and people went looking for him. A state-sponsored support team was out looking for him, as was BRC. But outreach workers don’t like the police and are not inclined to work with them, so when BRC encountered Neely twice in March, he wasn’t turned in. Once, a BRC worker saw him riding the train but was off duty and, in compliance with BRC rules, did not engage. Another time, BRC found Neely at the end of the A line at 4:30 a.m. “Sleeping upright,” the worker’s notes said. Neely accepted BRC’s offer of shelter that night and a ride to a converted Days Inn in the Bronx, but he left the next day before any paperwork could be completed. Blizzard ran into him too that spring, on the D train near 181st Street. He looked “dusty,” Blizzard remembers. “Like he was going through hard times.” Blizzard gave him $20 and bought him a sandwich.

In the middle of every night, BRC workers engage in an “end-of-line operation.” They station themselves at a subway line’s last stop and try to remove people who are homeless from the trains and take them to shelters — or hospitals, if needed. The Stillwell Avenue–Coney Island stop on the F is an enormous outdoor station with metal staircases that descend to the blocks below; it’s teeming by day with tourists and visitors to Nathan’s and the Wonder Wheel and deserted by midnight. Each train, as it pulls in and waits to be cleaned and taken out of service, looks like a sleeper car to the underworld. Men who are homeless, spread out two or three per car, sleep in otherwise abandoned carriages, some hunched and covered with blankets, others laid out and wearing their shoes from work. On April 8, 2023, at 3 a.m., one of these men was Jordan Neely. A BRC worker encountered him there but didn’t recognize him.

Neely was standing in the car, yelling, aggressive, and belligerent. When the BRC worker tried to engage him, Neely exposed himself and urinated in the train. The BRC worker called over police, and Neely shouted, “Just wait until they get here. I got something for you, just wait and see.”

In the encounter that followed, no one checked for a warrant. No one enlisted the help of the team’s nurse who was on the platform and had the authority to admit people involuntarily to the hospital. After some arguing, the NYPD did get Neely to agree to go to a shelter, but then the transport-van driver said he couldn’t be alone with him, and while the cops were off looking for a BRC worker to accompany him, Neely disappeared down the big metal stairs and into the night. In his notes, the outreach worker wrote, “He could be a harm to others or himself if left untreated.” The next day, when the worker showed photos of the incident at a meeting, the mistake became clear. Neely was gone again.

 

[Marysmith]

There was much help available for JN but it could not be forced on him and he was not compliant:

https://nymag.com/intelligencer/article/jordan-neely-death-subway.html

On February 9, 2023, Neely stood before Judge Ellen Biben on the 11th floor at 100 Centre Street. He had taken a plea in the 2021 felony assault, and his case was being heard in the novel “Alternative to Incarceration” court. Established in 2017, the ATI court has a “problem-solving” mission, connecting eligible defendants who have knotty issues related to drug use, mental health, or criminal history with a wide range of individualized therapeutic or supportive programs — housing, residential detox, anger management, outpatient therapy, medication compliance — in exchange for a guilty plea. The deal, Judge Biben reminds each defendant, is this: Adhere to the mandated program and the felony is erased from the record; ditch, rebel, or fail to follow its rules and the defendant will be sent upstate to serve their sentence.

Everyone — Neely’s lawyer, the state’s prosecutor, the judge, Neely himself, and the victim — had agreed he was a good candidate for the ATI court. Although he had been arrested for a violent crime, that behavior was related to “substance abuse and treatment noncompliance with mental-health medication,” the court record said. If he took his prescription meds and stayed off drugs, Neely could be stable. The plan was to conduct Neely directly from the court to Harbor House in the Bronx, a residential facility that specializes in treating people with co-occurring mental illness and drug issues.

After Neely was sworn in, Biben faced him.

Did he understand that he was pleading guilty to a class-D felony?

“Yes,” Neely said.

“Are you pleading guilty because you are, in fact, guilty?”

“Yes.”

Biben set forth the terms of the agreement, then asked Neely if he had left Rikers with his belongings. Neely said he didn’t have any. He was free to go. “You are going to be escorted” to the program, the judge told him. “But you actually have to go, physically and mentally, make it to the program, and commit to being in the program. Do you understand what I’m saying?”

“Yes, I do,” Neely said.

“This is very important,” Biben said. “Because if you leave the program, if you are discharged from the program, if you are out of touch with us, we will not be able to help you, and I’ll have to issue a bench warrant for your arrest. Understood?”

“Yes,” Neely said.

Once out of jail, Neely was “forced back into a world that was exactly the same as when he left,” says a mental-health-care provider at Rikers, a world of scarce options, where the left hand is out of touch with the right, where payment and insurance rules are byzantine and constraining, where well-meaning stakeholders disagree about the best path forward. From Harbor House, Neely had limited contact with the outside world. Its doors are not locked because it is not a prison — and because Medicaid will not pay for psychiatric treatment within a prison setting. Neely left Harbor House on February 22, 2023, less than two weeks after entering.

The reality for Jordan Neely and others like him is that he needed more intensive care than is available in any voluntary inpatient or outpatient program, and he required a more therapeutic kind of attention than exists in any locked one. The state can’t imprison people who aren’t criminals, and it can’t turn mental illness and drug dependence into a crime, a conundrum at the nub of every facile political dispute pitting the civil rights of people with homelessness against perceived threats to public safety. “There should be some transition from Rikers that maybe has a secure element to it but is also therapeutic,” says a person who met Neely during his stay in Rikers. “We’re killing ourselves to jerry-rig what doesn’t exist because it’s too much of a hot potato to talk about any kind of secure, residential, therapeutic environment.” Blizzard is clearer about this: “When he got locked up, that could have saved him.”

Biben issued a warrant for Neely’s arrest on February 23, and people went looking for him. A state-sponsored support team was out looking for him, as was BRC. But outreach workers don’t like the police and are not inclined to work with them, so when BRC encountered Neely twice in March, he wasn’t turned in. Once, a BRC worker saw him riding the train but was off duty and, in compliance with BRC rules, did not engage. Another time, BRC found Neely at the end of the A line at 4:30 a.m. “Sleeping upright,” the worker’s notes said. Neely accepted BRC’s offer of shelter that night and a ride to a converted Days Inn in the Bronx, but he left the next day before any paperwork could be completed. Blizzard ran into him too that spring, on the D train near 181st Street. He looked “dusty,” Blizzard remembers. “Like he was going through hard times.” Blizzard gave him $20 and bought him a sandwich.

In the middle of every night, BRC workers engage in an “end-of-line operation.” They station themselves at a subway line’s last stop and try to remove people who are homeless from the trains and take them to shelters — or hospitals, if needed. The Stillwell Avenue–Coney Island stop on the F is an enormous outdoor station with metal staircases that descend to the blocks below; it’s teeming by day with tourists and visitors to Nathan’s and the Wonder Wheel and deserted by midnight. Each train, as it pulls in and waits to be cleaned and taken out of service, looks like a sleeper car to the underworld. Men who are homeless, spread out two or three per car, sleep in otherwise abandoned carriages, some hunched and covered with blankets, others laid out and wearing their shoes from work. On April 8, 2023, at 3 a.m., one of these men was Jordan Neely. A BRC worker encountered him there but didn’t recognize him.

Neely was standing in the car, yelling, aggressive, and belligerent. When the BRC worker tried to engage him, Neely exposed himself and urinated in the train. The BRC worker called over police, and Neely shouted, “Just wait until they get here. I got something for you, just wait and see.”

In the encounter that followed, no one checked for a warrant. No one enlisted the help of the team’s nurse who was on the platform and had the authority to admit people involuntarily to the hospital. After some arguing, the NYPD did get Neely to agree to go to a shelter, but then the transport-van driver said he couldn’t be alone with him, and while the cops were off looking for a BRC worker to accompany him, Neely disappeared down the big metal stairs and into the night. In his notes, the outreach worker wrote, “He could be a harm to others or himself if left untreated.” The next day, when the worker showed photos of the incident at a meeting, the mistake became clear. Neely was gone again.

There were definitely missed opportunities with Neely. It's very sad. And he is not alone in this - it's happening with others too. Unfortunately when people lack insight they do require outside help and intervention.