NY - Jordan Neely, killed by chokehold in subway during mental health crisis, Manhattan, 1 May 2023 *arrest*

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  • #481
Just a random thought I had that might help us to assess threats in the future when someone clearly in distress is ranting about wanting to go to jail or kill or be killed…

Rarely does someone signal physically or verbally that they are about to harm or kill someone. We know this from following a multitude of cases here on WS as well as from news articles about random acts of violence on city streets, including NYC subways. A person intending harm does so swiftly and quietly. I expect Mr Neely’s attack on the 62 year old woman came without warning. (I’m sure someone will correct me if I’m wrong about that particular event.)

So my point is that a person behaving as Mr Neely did on the subway should certainly be watched closely by those who are in a position to interrupt a violent act. But the words alone and the angry delivery do not *usually* signal an imminent attack that needs to be neutralized immediately. There is too much that can go wrong when even people trained in techniques to immobilize someone do so prematurely and out of unreasonable fear. Watchful waiting is unlikely to cause harm or death to either bystanders or the one ranting about violence.

So let’s dial back our fear of angry and threatening shouting and actions like throwing down a coat or throwing garbage. I realize that quite a few on this thread feel that they shouldn’t have to put up with these actions that destroy their feeling of security. But these words and actions are the current reality, and yes, we do have to put up with it unless we intend to take drastic actions against these people, including killing them, accidentally or not. We can’t always control our surroundings, but we can control our fear and our feeling that we are entitled to perfect security in an imperfect world. Do we want to achieve that security at the expense of ones who seem to threaten our security by their words or actions directed at no one in particular. These people are entitled to compassion from those who are in a better place mentally and physically.

JMO
 
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  • #482
  • #483
This is why multiple people called 911 to report threatening behavior from Neely.

A tragic situation all around. It also would have been tragic if no one stepped forward and Neely had made good on his threats and killed one or more of the innocent passengers.
It certainly was tragic all the way around. It wouldn't be as if that was Neely's first brush with violenting assaulting someone. The day he died he actually had an arrest warrant out, for missing a court date for the violent assault against an elderly woman that he had already plead guilty to. And that was one among a string of violent physical assaults he was arrested for over the last few years. He WAS a violent person that did actually make good on his threats at least some of the time. Most likely no one on that subway car knew any of that, but they didn't need to know it to see with their own eyes that he was a threatening presence.

He should have been in jail, facing whatever punishment fit his crime, and getting whatever help he needed.
 
  • #484
Why is he not turned on his back? Why are they not trying to help him and SAVE him?


Our Core Values are Honor, Courage and Commitment, and if you are to become one of us, they will be the values you live by and fight with as well. They are the building blocks that will aid you in making the right decisions at the right time, both on the battlefield and in our Nation's communities.


Our Core Values are Honor, Courage and Commitment, and if you are to become one of us, they will be the values you live by and fight with as well. They are the building blocks that will aid you in making the right decisions at the right time, both on the battlefield and in our Nation's communities.

Sargeant Penny received an honorable discharge when he left the marines and his courage in this situation on the NYC subway is recognized by many, in spite of the tragic outcome of his efforts.
 
  • #485
>snipped
NEWSFLASH....they are not trained social workers responding to situation.
>snipped
Put yourself there, at that moment, in their shoes, you'd be relieved to see them. I sure would. IMO

I personally would not be relieved to see that. There aren’t many things more distressing to me than watching someone die.
I can walk down many city streets and see mentally distressed people yelling, sometimes trying to directly engage with me, but it doesn’t follow that it would be a relief for me to witness someone kill them.
While it is true the perpetrator is not a trained social worker, he is not trained LE either, the Department of Justice has banned the use of chokeholds by federal law enforcement since 2021, except when deadly force is authorized, because they have "too often led to tragedy."
Marines have no authorization to use their military training in lethal force against unarmed civilians.

<modsnip - opinion articles are not allowed>
 
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  • #486
and Huffington Post investigated all those reports

I'll be taking them with a large pinch of salt until such time as DA confirms any of them.
Link please?
 
  • #487
It certainly was tragic all the way around. It wouldn't be as if that was Neely's first brush with violenting assaulting someone. The day he died he actually had an arrest warrant out, for missing a court date for the violent assault against an elderly woman that he had already plead guilty to. And that was one among a string of violent physical assaults he was arrested for over the last few years. He WAS a violent person that did actually make good on his threats at least some of the time. Most likely no one on that subway car knew any of that, but they didn't need to know it to see with their own eyes that he was a threatening presence.

He should have been in jail, facing whatever punishment fit his crime, and getting whatever help he needed.

No crime for which he had been charged was eligible for the death penalty. Did Penny and his helpers know of his history of violence or that “he WAS a violent person that did actually make good on his threats at least some of the time.” In fact, we don’t know if his previous violent actions were preceded by verbal or physical threats. So ALL of this is irrelevant to what was done to Mr Neely THAT DAY. He had not attempted a violent act when Penny put him in a lethal chokehold.

Where he *should* have been is also irrelevant. He *wasn’t* in jail or an institution. So Penny knew all this and had the right to use lethal force? Seriously? Please carry this to its logical conclusion in your minds. I see too many here justifying what Penny did and turning him into a hero and Mr Neely into a violent criminal in that moment. He was a victim of trauma and mental illness sometimes expressed as violence. Did he deserve to be killed? Because that’s what is implied in too many comments IMO. Where is compassion? He had never done anything deserving of death. Full stop.
 
  • #488
  • #489
No crime for which he had been charged was eligible for the death penalty. Did Penny and his helpers know of his history of violence or that “he WAS a violent person that did actually make good on his threats at least some of the time.” In fact, we don’t know if his previous violent actions were preceded by verbal or physical threats. So ALL of this is irrelevant to what was done to Mr Neely THAT DAY. He had not attempted a violent act when Penny put him in a lethal chokehold.

Where he *should* have been is also irrelevant. He *wasn’t* in jail or an institution. So Penny knew all this and had the right to use lethal force? Seriously? Please carry this to its logical conclusion in your minds. I see too many here justifying what Penny did and turning him into a hero and Mr Neely into a violent criminal in that moment. He was a victim of trauma and mental illness sometimes expressed as violence. Did he deserve to be killed? Because that’s what is implied in too many comments IMO. Where is compassion? He had never done anything deserving of death. Full stop.
We are clearly divided as to how we view the situation. Passengers, including Penny, feared the violent threats that Neely was making and as it escalated, several of the passengers, fearing for their safety, took action.

They didn't need to know about Neely's past crimes, or anything else about him, their immediate concern was to address what was going on in real time.

I haven't seen anyone here say that they thought that Penny is a hero, most have said that this was a tragedy but something that can happen in a situation like this in an erratic, volatile, threatening situation.
 
  • #490
No crime for which he had been charged was eligible for the death penalty. Did Penny and his helpers know of his history of violence or that “he WAS a violent person that did actually make good on his threats at least some of the time.” In fact, we don’t know if his previous violent actions were preceded by verbal or physical threats. So ALL of this is irrelevant to what was done to Mr Neely THAT DAY. He had not attempted a violent act when Penny put him in a lethal chokehold.

Where he *should* have been is also irrelevant. He *wasn’t* in jail or an institution. So Penny knew all this and had the right to use lethal force? Seriously? Please carry this to its logical conclusion in your minds. I see too many here justifying what Penny did and turning him into a hero and Mr Neely into a violent criminal in that moment. He was a victim of trauma and mental illness sometimes expressed as violence. Did he deserve to be killed? Because that’s what is implied in too many comments IMO. Where is compassion? He had never done anything deserving of death. Full stop.
You're arguing against things I never said or implied so all I can do is encourage you to read what I did say.

ETA: You asked if Neely deserved to be killed. The answer is clearly no.
You also asked "where is compassion?" You state Neely was a victim of trauma and mental illness.
Yes, he was that. He was also this:

"Neely was arrested 42 times across the last decade, with his most recent bust in November 2021 for slugging a 67-year-old female stranger in the face as she exited a subway station in the East Village, cops said. The senior citizen suffered a broken nose and fractured orbital bone when she was knocked to the sidewalk, along with swelling and “substantial” head pain after hitting the ground. On June 27, 2019, Neely was arrested for punching a 64-year-old man in the face during a fight in a Greenwich Village subway station, cops said. And he was busted in August 2015 for attempted kidnapping after he was seen dragging a 7-year-old girl down an Inwood street. He pled guilty to endangering the welfare of a child and was sentenced to four months in jail." Criminal charges weighed against Marine in chokehold death of Jordan Neely as NYPD and Manhattan DA confer

My compassion is for his untimely death instead of getting the proper help he clearly needed, Penny being demonized for doing something he never meant to do, and every single one of Neely's past victims, their families and loved ones. That's where my compassion is.
 
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  • #491
  • #492
We are clearly divided as to how we view the situation. Passengers, including Penny, feared the violent threats that Neely was making and as it escalated, several of the passengers, fearing for their safety, took action.

They didn't need to know about Neely's past crimes, or anything else about him, their immediate concern was to address what was going on in real time.

I haven't seen anyone here say that they thought that Penny is a hero, most have said that this was a tragedy but something that can happen in a situation like this in an erratic, volatile, threatening situation.

I think the point is that many people have faced violent threats (gun in the classroom, knife in the classroom, etc, etc.) We do not respond by killing the scary person. NY is a Duty to Retreat state, as is the state I live in.

Immediate threat is defined as a person coming toward another person (not just shouting at them). Maybe we will learn more from the various videos about whether Neely (after throwing down his jacket and wearing only knit clothing beneath the jacket, no obvious pockets) had locked eyes with a particular person or was moving toward a particular person.

Law in NY and in CA do not allow us to use lethal force once the scary person is immobilized and on the ground, either. I do think that if it's true that so many people on subways are scared in the first place and this kind of incident results in death, that people who plan to try and defend themselves in such a situation should be better prepared. Maybe put ziplock ties in every car. If Neely had had his ankles tied (by the two men who were helping), then the choke hold could reasonably be released, IMO.

Many people (including police) have to prepare and train for the possibility of such incidents. Maybe it's time that people move past this free-floating fear and anxiety about being attacked and enact some sort of meaningful set of changes.

I have seen many people on the internet say DP is a hero, in several other online forums, a few times here, and of course in the comment sections of various newspapers, FWIW.

IMO.
 
  • #493
No crime for which he had been charged was eligible for the death penalty. Did Penny and his helpers know of his history of violence or that “he WAS a violent person that did actually make good on his threats at least some of the time.” In fact, we don’t know if his previous violent actions were preceded by verbal or physical threats. So ALL of this is irrelevant to what was done to Mr Neely THAT DAY. He had not attempted a violent act when Penny put him in a lethal chokehold.

Where he *should* have been is also irrelevant. He *wasn’t* in jail or an institution. So Penny knew all this and had the right to use lethal force? Seriously? Please carry this to its logical conclusion in your minds. I see too many here justifying what Penny did and turning him into a hero and Mr Neely into a violent criminal in that moment. He was a victim of trauma and mental illness sometimes expressed as violence. Did he deserve to be killed? Because that’s what is implied in too many comments IMO. Where is compassion? He had never done anything deserving of death. Full stop.
I think Penny did what he thought he had to do. Why would he do otherwise? Neely created the situation. Everyone else had to respond to his actions. Penny didn't get on that train looking for trouble. Neely did. It is unfortunate that Neely ended up dead. But it was the result of his own violent actions. If anyone else is liable it should be the city and State of New York. But instead of accepting their liability, they have chosen to charge Penny. I think this represents a pretty sad state of affairs in New York. "Hey everyone, please enjoy our public transportation. But there are crazy and violent people there that may assault you. But don't defend yourselves. Just be another victim. You should be understanding while you are being assaulted."
 
  • #494
Elie Mystal has this to say about the charges against the killer.

Second-degree manslaughter only requires the intent to do an inherently dangerous or reckless thing.
I personally think the right crime is first-degree manslaughter but the right charge is second-degree manslaughter, and the distinction there is between what I think happened and what I think the DA could prove to a jury. Man-1 has the same problem as a murder charge: Prosecutors would have to prove intent.

Comparatively speaking, second-degree manslaughter should be easy to prove. Was Jordan Neely killed? Yes. Was his death caused by Daniel Penny? Yes. Were Penny’s actions reckless? Yes, it is inherently, obviously reckless to choke someone. This is pretty much what second-degree manslaughter is designed for: Maybe you didn’t mean to kill that person, but you did something that could have killed him, and he died, so now you go to jail. That’s how things should work in a civil society.

 
  • #495
Elie Mystal has this to say about the charges against the killer.

Second-degree manslaughter only requires the intent to do an inherently dangerous or reckless thing.
I personally think the right crime is first-degree manslaughter but the right charge is second-degree manslaughter, and the distinction there is between what I think happened and what I think the DA could prove to a jury. Man-1 has the same problem as a murder charge: Prosecutors would have to prove intent.

Comparatively speaking, second-degree manslaughter should be easy to prove. Was Jordan Neely killed? Yes. Was his death caused by Daniel Penny? Yes. Were Penny’s actions reckless? Yes, it is inherently, obviously reckless to choke someone. This is pretty much what second-degree manslaughter is designed for: Maybe you didn’t mean to kill that person, but you did something that could have killed him, and he died, so now you go to jail. That’s how things should work in a civil society.

I think a jury will acquit Neely. But it will take an actual acquittal. The DA isn't (can't) dismiss the charges.
 
  • #496
I think a jury will acquit Neely. But it will take an actual acquittal. The DA isn't (can't) dismiss the charges.
This is my thought as well. I think he will be acquitted.
 
  • #497
I think a jury will acquit
RSBM

I'm actually torn on how I feel about the charges.

Did Penny kill him? Yep, he sure did.
Was it intentional? Nope, it was not.

But should he walk free after that, or should he face some level of consequence of his actions?
The taking of a human life is a HUGE deal, even when it's done in self-defense or the defense of others, it's still a HUGE deal.
 
  • #498
I think a jury will acquit Neely. But it will take an actual acquittal. The DA isn't (can't) dismiss the charges.
I don't see how they can really.

This is his training manual on choke

This is a good in depth analysis from a recently former marine


There are manuals on de-escalation, non lethal restraint methods etc etc too

In short, he knew better but he didn't do better.
Also Neely had not engaged in an act of violence on that train, he was talking rubbish, probably loudly but it was a familiar chant with him, link on pg 2, I think showing an earlier vid of Neely just talking in this rhythmic tone about having no food, having no water etc..

Neely was mentally ill.
Probably actively addicted also.

Should the killer be held to higher account because he knew better?
I'm not sure how the jurors will see that or how the law perceives it either.

Truth is that Penny had several options, Neely, almost none.

Jurors be jurors though, could go either way.

My fear is that it will lead to further vigilante violence against the marginalised.
I'm unclear how the law or the jurors will perceive their roles in deterring that or even if it is a factor..

<modsnip: Nobody has said it was a good idea to kill the victim>


But media fanned these flames by misreporting, careless reporting, unverified reporting et al.
They too have to take responsibility for the aftermath which is uglier than the aftermath of George Floyd's murder.
 
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  • #499
I think Penny did what he thought he had to do. Why would he do otherwise? Neely created the situation. Everyone else had to respond to his actions. Penny didn't get on that train looking for trouble. Neely did. It is unfortunate that Neely ended up dead. But it was the result of his own violent actions. If anyone else is liable it should be the city and State of New York. But instead of accepting their liability, they have chosen to charge Penny. I think this represents a pretty sad state of affairs in New York. "Hey everyone, please enjoy our public transportation. But there are crazy and violent people there that may assault you. But don't defend yourselves. Just be another victim. You should be understanding while you are being assaulted."
Except it appears he wasn't being assaulted (beyond his ears or his sensibilities). As a person from NY, I can say that we are not told to be understanding while being assaulted. But no, NY law doesn't allow us to freak out and kill someone because he threw a jacket and made non-specific threats (which is all we know of right now).

Why would Penny do otherwise? It is very possible that he himself is violent or mentally ill, like the guy he killed. We don't know what was in Penny's mind when he got on the train. Maybe he was ticked off over something else and snapped. I'm not ready to paint him as Captain America, since Captain America would have cared enough to stop when people begged him to, and certainly when there were two other people to hold the skinny guy down until the police arrived.
 
  • #500
I don't see how they can really.

This is his training manual on choke

This is a good in depth analysis from a recently former marine


There are manuals on de-escalation, non lethal restraint methods etc etc too

In short, he knew better but he didn't do better.
Also Neely had not engaged in an act of violence on that train, he was talking rubbish, probably loudly but it was a familiar chant with him, link on pg 2, I think showing an earlier vid of Neely just talking in this rhythmic tone about having no food, having no water etc..

Neely was mentally ill.
Probably actively addicted also.

Should the killer be held to higher account because he knew better?
I'm not sure how the jurors will see that or how the law perceives it either.

Truth is that Penny had several options, Neely, almost none.

Jurors be jurors though, could go either way.

My fear is that it will lead to further vigilante violence against the marginalised.
I'm unclear how the law or the jurors will perceive their roles in deterring that or even if it is a factor..

<modsnip: Nobody has said it was a good idea to kill the victim>


But media fanned these flames by misreporting, careless reporting, unverified reporting et al.
They too have to take responsibility for the aftermath which is uglier than the aftermath of George Floyd's murder.
"In short, he knew better but he didn't do better."
 
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