Jordan Neely Michael Jackson Impersonator dies at age 30

Daniel Penny trial begins over Jordan Neely subway death

If convicted, Penny could face up to 19 years in prison

The highly publicized trial of Daniel Penny, a former Marine charged with the choking death of Jordan Neely, an unarmed Black man, is set to begin in New York City. This case has sparked intense debate over issues of race, mental health and the limits of self-defense in a society grappling with systemic injustice.

Background of the incident

On May 1, 2023, Neely, a 30-year-old street performer, was reportedly experiencing a mental health crisis while riding the northbound F train in Manhattan. Eyewitnesses described Neely as agitated, shouting about his hunger and expressing a willingness to go to jail. In response, Penny, 24, intervened by placing Neely in a chokehold that lasted approximately 15 minutes, ultimately leading to Neely’s death.

Initially, police did not charge Penny, which led to public outcry and demands for accountability. Following significant pressure, a grand jury indicted him on charges of second-degree manslaughter and criminally negligent homicide. If convicted, Penny could face up to 19 years in prison.

The legal proceedings

Jury selection for Penny’s trial commenced recently, with the court tasked with finding impartial jurors amid widespread media coverage and public opinion surrounding the case. Penny has pleaded not guilty, claiming he acted out of self-defense to protect other passengers from Neely’s perceived threats. His defense team argues that Penny’s military training informed his response to what he believed was a dangerous situation.

Conversely, Neely’s family has been vocal in their calls for justice, pushing for murder charges against Penny. They argue that Neely was not a threat and that Penny’s actions were excessive and unjustified.

Public reaction and protests

The incident has ignited protests across New York City, with activists demanding justice for Neely and accountability for Penny. Demonstrators have gathered outside the courthouse, emphasizing the need for systemic change in how society addresses mental health crises and the treatment of marginalized individuals.

Activists have also criticized the narrative surrounding Penny, with many viewing him as a vigilante who took the law into his own hands rather than a protector of public safety. The case has become emblematic of broader societal issues, including race relations and the treatment of unhoused individuals.

Jordan Neely’s life and struggles

Neely’s tragic death is compounded by a history of trauma. Neely’s mother was murdered by her boyfriend when he was just 14 years old, an event that deeply affected him and contributed to his struggles with mental health. Family members have stated that Neely suffered from depression and schizophrenia, conditions that went untreated due to systemic failures in mental health care.

His aunt, Carolyn Neely, has spoken out about the impact of his mother’s death on his life. This context adds a layer of complexity to the narrative surrounding Neely’s actions on the subway that day.

Daniel Penny’s defense and public support

In the wake of the incident, Penny has received significant financial support for his legal defense, raising over $3 million through crowdfunding efforts. Supporters have labeled him a hero, arguing that he acted in self-defense. This support has been met with backlash from those who view his actions as a manifestation of systemic racism and a failure to protect vulnerable individuals.

Penny has publicly stated that he did not intend to kill Neely and has denied that race played a role in his decision to intervene. His defense team continues to assert that he was merely trying to protect himself and others on the train.

A case of vigilantism or self-defense?

The trial of Penny raises critical questions about the nature of justice, the responsibilities of citizens in crisis situations, and the systemic issues that lead to tragic outcomes for individuals like Neely. As the trial unfolds, it will undoubtedly continue to provoke discussions about race, mental health and the societal structures that shape our responses to crisis.

rollingout.com/2024/10/21/daniel-penny-trial-begins-jordan-nealy/

Daniel Penny trial: Jury selection underway in case surrounding subway performer Jordan Neely’s chokehold death

The Daniel Penny trial officially got underway Monday as the court looked to select jurors to oversee the infamous 2023 train ride chokehold death of Jordan Neely.

Penny is accused of taking Neely’s life during an incident on board a Lower Manhattan F train in May 2023. Neely’s death sparked mass protests in May after his death was caught on camera, and the footage quickly went viral on social media. Penny’s defense team alleges that Neely — who was known to dress as Michael Jackson and busk in the transit system — was threatening strangers, prompting Penny to step in and act in self-defense.

While prospective jurors are being quizzed, both the prosecution and the legal defense are plotting their paths forward. Penny’s legal team told journalists that they believe their client will be found innocent despite facing second-degree manslaughter and negligent charges. The lawyers called Neely’s death a tragedy but also argued that he was under the influence of a mental health crisis and drugs that made him a potential danger to subway riders.

The jury selection, which may not be fully completed until Friday, is based on various factors, including each individual’s familiarity with the case.

Outside the court at 100 Centre St., protesters led by Black Lives Matter of Greater New York co-founder Hawk Newsome picketed and demanded “justice for Jordan Neely, with some demonstrators having already passed their judgment on Penny.

“He [Neely] was experiencing a crisis of hunger and homelessness,” protester Christian Joseph said. “The facts in this trial for the jury are simple. The only person on that train in Manhattan that became violent was Daniel Penny. He initiated violence. Daniel Penny, an ex-US Marine soldier, jumped on Jordan Neely and put him in a chokehold that ended his life.”

One of Penny’s lawyers said that they have “ample evidence” supporting their client’s claim that Neely posed a safety threat to riders which compelled Penny into action.

“The paranoid schizophrenia, the psychotic episodes that he had a history of, the k2 use, and how that affects someone, particularly how it affects someone and how he intersects with someone who has that sort of psychotic condition. And of course, his behavior on the subway train — that’s what’s relevant in this case,” attorney Thomas Kenniff. “There is going to be ample evidence.”

Kenniff, who was joined by fellow legal counsel Steven Raiser, said they are zeroed in on the selection process.

“This is the part where we get to pick a jury of people that are going to be fair and impartial and give Danny the trial that he deserves,” Raiser said.

While those in Penny’s defense claim that the Marine acted in defense of himself and other riders, the prosecution says his actions became criminal when he refused to relinquish the chokehold.

Meanwhile, Neely family attorney Donte Mills — accompanied by Andre Zachery, Neely’s father — beleives that the jury will end up finding Penny culpable for his death.

“This is going to be, and it is a very simple case. It’s easy for the jury to deliberate on. The fact of the case is this, someone got on the train and was screaming, and someone choked that person to death. Those things will never balance out. And there’s no justification that can make those things balance out,” Mills declared. “Zachary, Mr. Jordan’s father, when you ask him how he feels, he feels hurt.”

The trial is expected to last about six weeks.







www.amny.com/news/daniel-penny-trial-jury-selection-10212024/

My Friend Jordan Neely Was Homeless and in Mental Distress. But He Was Not Expendable.


Jordan Neely was choked to death on a New York City subway car. Mentor and fellow Michael Jackson enthusiast Moses Harper recalls who he was in life.

On May 1, Daniel Penny, a White former Marine, choked Jordan Neely, a Black homeless man in mental distress, to death on a New York City subway car. Witnesses — including a freelance journalist who captured video of the fatal chokehold — said that Neely did not touch anyone, but was yelling that he was tired, hungry, unafraid of returning to jail, and ready to die. Penny, 24, claimed he was protecting himself and other passengers. During the minutes-long chokehold, two other men held down Neely’s arms. Within days, the city’s medical examiner ruled the death a homicide.

Neely’s killing — and the nearly two weeks it took for police to arrest Penny for manslaughter — sparked condemnation and protests from residents, activists and some Democratic politicians from New York. Some called the killing a case of racist vigilantism and an example of New York City’s systemic failure to protect people with mental illness and without homes. Citing Neely’s history of violence and drug use, right-wing commentators and politicians declared Penny a hero.

But there is another way to remember Jordan Neely. Before the 30-year-old became a symbol of urban crisis, he was a street performer who specialized in impersonating Michael Jackson. Here, his friend Moses Harper reflects on their first meeting, his painful life, and how he used dance to quiet his demons.

I first met Jordan in 2009, after Michael Jackson died. He was in Times Square performing with a couple of his friends, and I was coming out of a dance studio where I’d been teaching the “Thriller” dance moves. Jordan, who was 16 at the time, was surrounded by tourists, engaging with all different types of people. Then he picked me out of the crowd. "Come here, let’s do this! Don’t be scared,” he said, gesturing to me.

“No, I am watching. This is great,” I responded.

He walked over to me. “Let’s show these people,” he said.

Now, Jordan didn’t know that I am a Michael Jackson tribute artist and had performed at the Apollo Theater and Madison Square Garden. He didn’t know anything about me. But when I asked him for the hat he was wearing, I could see him slowly realize that he’d walked into a landmine. When he saw me dancing, he was astounded.

From that day on, he just wanted to develop his craft. “Whatever you want to learn,” I said, “I will teach you.”

Over the years, Jordan and I would meet up at different Michael Jackson events around the city. He would confide in me, and I would confide in him. I learned that he had faced a lot of trauma in his life. He was just 14 when his mother was murdered by her boyfriend, and her body was placed in a suitcase. That kind of hurt is indescribable.

I don’t know about all of the ways that Jordan was trying to escape his pain, but perhaps the biggest one was performing. When he was Michael, moving his body, he could forget about his life. He was beautiful to watch. He had a gift, and I really appreciated watching him make it safe for a crowd to engage and dance.

Being an artist, being a creator is how I decompress, too. I am a survivor of childhood physical and emotional abuse. And even though I have been through all these horrible things, I knew there had to be something else for my life.

That’s why whenever I met up with Jordan, I’d also encourage him to get his business in order. He didn’t have a high school diploma. I’d tell him that he needed to get an education. It is hard enough growing up as a Black man in the city. But with no education, and everything he had faced, he was particularly vulnerable.

I know how hard that path can be. For years, I have done outreach with vulnerable populations — homeless people, LGBTQ youth and young men charged with violent felonies at Rikers Island. I’ve also visited food pantries and homeless shelters.

In every borough, in every shelter I’ve been to, the feedback is the same: People don’t feel safe or cared for. They don’t feel seen. Because these are the unwanted — the homeless, the untouchables — no one will check to make sure that the people responsible for providing them resources are doing their jobs.

The most difficult experience I had was working in Rikers Island for several years. Inside, you are surrounded by trauma — people in cages yelling and fighting, aromas of bodily waste. It was hard to hear men cry in conversation because no one had ever spoken to them like they mattered.

And some of the young homeless men I met at Rikers told me about the advice they’d gotten from elders: When the weather gets cold, if you can’t get into a shelter or get a meal, commit a public disturbance or a low-level crime. Why? Because of various disorderly conduct and curfew laws, you can’t sleep on a park bench at night or on the train, even when it’s cold outside. But if you can get locked up, you can get a bed and a warm meal. If you express suicidal ideations, they’ll take you to a hospital, and you’ll have a place to stay. There are supposed to be resources in place so that people don’t have to resort to these desperate means. But the system is so broken.

When I would lose track of Jordan, it was scary. Our community of people who loved Michael Jackson would look for him online, scouring social media posts until he popped up.

“Did you hear from him?” we’d text each other.

“Yeah, I saw him. He’s good.”

One time I caught Jordan in the subway. It broke my heart to see how ashamed he was of his situation. He wouldn’t accept help from the people who loved him. There is too much pressure put on Black men to hold a certain type of posture and profile. For Jordan, I’d imagine he felt like, The last time you saw me, I was dressed up like the greatest entertainer in the world.

Look at me now.

The last time I saw Jordan, he tried to walk past me, but I wouldn’t let him. I gave him a big hug. “No, you are coming with me,” I said. I bought him food and gave him money.

“When you are ready to get clean and clean up, I got you,” I told him.“Don’t worry, I am going to do it,” he replied.

But the system failed Jordan.

He was traumatized. He didn’t have a diploma. He had to face the stress of being out on the street and being treated like he was invisible. On top of all of that, when he performed, he would get antagonized by people who hated Michael Jackson. They would call him a child molester. One of the things I tried to instill in Jordan is that you can’t react. But it’s hard to do that. You’re not supposed to defend yourself when some stranger who doesn’t know your heart or your struggles is trying to antagonize you?

When the news of his killing broke, I was in a school in the Bronx. I got the message from a friend in the M.J. community who lives in Florida.

“I want you to see this,” she texted. “Moses, I think you need to look at this.”It took a matter of minutes for Daniel Penny to become Jordan’s arresting officer, judge, clerk, D.A., jury and executioner.

But I don’t care what my friend’s arrest record was. I don’t care if he was homeless. He wasn’t hurting anyone, and if you support Penny’s actions, you don’t support due process.

Daniel Penny probably figured that no one would even come looking for this homeless guy. That no one would care. But when I think of Jordan Neely, I think of a gifted, kind, young soul who was trying to find some joy and peace in this world. He was looking for a reason to celebrate and engage in something positive. And it is painful to think that somebody treated him like he wasn’t worth anything.

He was priceless.



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Daniel Penny’s defense likely to invoke NYC subway as a key ‘witness’ in fatal chokehold trial

Over the next several weeks, a Manhattan jury will decide whether a 26-year-old former Marine should go to prison for putting another man in a fatal chokehold on the subway and continuing to squeeze his neck for about six minutes.

Daniel Penny stands trial this month on charges of manslaughter and criminally negligent homicide in the death of Jordan Neely, a homeless man who witnesses say was yelling that he was hungry and ready to go to prison while aboard an uptown F train in May 2023. The Manhattan district attorney’s office says Penny should have known the chokehold could put Neely’s life in danger. Penny’s attorneys say he was trying to help subway commuters who felt unsafe, and that he didn’t mean to hurt or kill anyone.

A video that shows several minutes of the chokehold and its aftermath went viral after Neely’s death and underscored deep fissures in the debate about homelessness, mental illness and safety on the subway. Some called Penny a hero and donated to a multimillion-dollar legal defense fund, while others characterized him as an overzealous vigilante.

As Penny’s trial gets underway this month, legal experts say, prosecutors will likely try to convince jurors that his individual actions over a handful of minutes caused Neely’s death — and that he went beyond what a reasonable person would do. Penny’s attorneys, on the other hand, will have to convince jurors that his actions were warranted. To do that, experts expect one key witness to play a starring role in Penny’s case: New York City’s public transit system.

Fear about subway crime has persisted in the transit system in recent years, especially after ridership decreased during the pandemic. A handful of high-profile acts of violence by people with severe mental illness on subway platforms and in train cars have also stoked concerns — even though researchers have found that it’s uncommon for people with serious mental illness to commit violent crimes.

Legal observers say jurors’ perception of subway safety will likely be a key factor in the case. Jurors will have to determine whether it’s reasonable for commuters like Penny to take matters into their own hands when they feel unsafe on the country’s largest subway system.

“The subway is a microcosm of all of this,” said Todd Spodek, a defense attorney not connected to the case. “You’re not in a large area where you could just walk away. You’re stuck.“

The Manhattan DA’s office declined to comment on their legal strategy for trial. One of Penny’s attorneys, Steve Raiser, said in a text message that their case will focus on the government’s failure to address mental health and homelessness on the subway.

“The [g]overnment failed Mr. Neely and every rider on that train,” he said.

The prosecution: zooming in on Penny’s decisions

There’s still a lot we don’t know about the moments that led to Neely’s death. But according to court papers, Neely got on an uptown F train at 2nd Avenue on the Lower East Side, threw his jacket, and yelled. Witness accounts to the grand jury varied, but multiple people on the subway that day said Neely expressed that he was hungry and thirsty. Some said Neely yelled about being ready to die or go to jail for life if he didn’t get what he wanted. Then Penny wrapped his arm around Neely’s neck, the defendant later told police.

While prosecutors wouldn’t comment ahead of trial, their arguments in court records have zeroed in on the minutes and seconds that passed after Penny decided to put Neely in a chokehold on the train. They say Penny kept restraining Neely after the subway pulled into the Broadway-Lafayette station and passengers were able to leave the car, after Neely stopped moving, and after another passenger warned that Penny might kill Neely if he didn’t let go.

Legal experts and court papers suggest that prosecutors will likely focus on whether Penny knew he was endangering Neely’s life as he continued to squeeze the man’s neck. Spodek said he expects the DA’s office to question Penny’s “minute by minute, second by second” decision-making process.

“They're going to try and tailor their theory of the case to the immediate circumstances. That what's happening in the larger New York City area is irrelevant,” the attorney said. “The only thing that matters is what happened when they got on that train that very moment and nothing more.”

Vinoo Varghese, a former Brooklyn prosecutor who now works in criminal defense, said he expects the DA’s office to also highlight Penny’s experience in the Marines.

“He kept holding onto this guy, and he’s a trained military guy,” Varghese said prosecutors will likely tell the jury. “He’s not your ordinary citizen, and so he should have known that he was going to kill this guy.”

The defense: tapping into jurors’ fears of subway crime
Penny’s defense attorneys, Spodek and Varghese both said, will likely focus more broadly on the day-to-day environment on New York City subways that could have influenced Penny’s decision to put Neely in a chokehold.

In a motion to dismiss the case filed last year, Penny’s attorneys described an atmosphere of “traumatizing” fear on the subway car after Neely boarded. They quoted passengers who said Neely’s behavior was “insanely threatening” and “satanic,” that he shouted “someone is going to die today” and that he was “ready to go to Rikers.” They cited one long-time subway commuter’s statement to the grand jury that she had encountered many things on the train, “but nothing that put fear in me like that.”

Spodek said the jurors will have to ask themselves whether Penny reasonably believed that people on the F train were in danger.

“Was this unique? Was the circumstances to such a high level that he had no choice but to do this?” he said. “And I think the answer is, from the defense's point of view, absolutely. And there are witness observations to support that.”

Varghese said he expects Penny’s defense attorneys to try to pick jurors who can empathize with Penny and other riders who were scared on the subway that day. He said it could be more challenging to find those jurors in a largely Democratic borough.

“Amongst New Yorkers on this kind of political issue, in a city that leans overwhelmingly left and blue — particularly in Manhattan — it's going to be difficult for him,” Varghese said.

“But,” he added, “I think people are fed up with what they have to deal with on the subway.”

‘What do I do?’
Another central facet of the case is Neely’s psychiatric history. He was diagnosed with schizophrenia and used synthetic cannabinoids — also known as K-2 — according to court records. Experts and court filings show that information is likely to come up at trial as defense attorneys try to convince jurors that Neely was scaring subway riders.

Neely’s death fueled debates about the city’s treatment of people with serious mental illness, particularly in the subway system. Mental health advocates told Gothamist they worry the trial will inflame rhetoric about subway crime and bolster misconceptions about mental illness and violence.

“It will perpetuate this stigmatization of people with mental illness,” said Melissa Beck, who has worked as both a prosecutor and defense attorney and now advocates for mental health reform. “It will perpetuate the status quo of criminalizing people with mental illness, and it will do nothing to increase access to culturally competent, evidence-based care for people with mental illness.”

On a recent evening at the Broadway-Lafayette station, lifelong New Yorker Nadya Belov said she’s not sure what she would decide if she were a juror in Penny’s case.

“I would have to really look at the evidence,” she said, “because I wasn't there. I don't know what happened.”

Belov said her first instinct is to help when she sees people in distress in the subway system, but she’s often not sure how she can. And a lot of the time, she said, she feels scared.

“Sometimes people are screaming,” she said. “I've seen a guy throw stuff. And then you're in the car as it's moving and someone is throwing something, and then at that point you no longer know what the person will do. So, you're like, ‘What do I do?’ Like, I don't want to be in the middle of this if something goes down.”

Belov said when something like that happens, she normally switches cars at the next stop. So does Alve Al, a friend of Neely’s who was sitting on a bench at the Broadway-Lafayette station last week. He said there was “no need” for Penny to choke Neely.

“I would have walked away,” he said. “Life is more worth living. But for him to do what he did, he's going to have to pay the price.”

gothamist.com/news/daniel-pennys-defense-likely-to-invoke-nyc-subway-as-a-key-witness-in-fatal-chokehold-trial

Daniel Penny Greeted By Protesters As Jury Selection Continues: 'Murderer!'

Protesters called Daniel Penny a "murderer" as jury selection continues in the high-profile New York City chokehold case.

Penny, a 25-year-old former Marine, is accused of killing 30-year-old Jordan Neely on a subway in 2023. Neely, who was a well-known Michael Jackson impersonator, boarded the subway and reportedly began yelling and threatening people. Penny allegedly approached him from behind and placed him in the restraint.

Neely was taken to a hospital, where he was pronounced dead. His death was ruled a homicide by compression of the neck. Penny is facing second-degree manslaughter and negligent homicide charges.

Jury selection entered its second day on Tuesday.

Protesters gathered outside of the courtroom holding signs reading "Rest in Power Jordan Neely."

A pool of 86 jurors was brought into the courtroom on Monday. Most jurors raised their hand when asked if they had heard about the case.

"Even if you have formed an opinion about it, that does not disqualify you from serving on this case," New York Supreme Court Justice Maxwell Wiley told jurors. "If you have formed an opinion on this case, you have to be prepared to change it."

Wiley also asked jurors if they were able to serve in a trial expected to last up to six weeks. By midday, 58 jurors had been excused.

The remaining 28 were told to return on Friday for juror questioning.

A new pool of jurors was brought in during the afternoon. In that group, 17 were told to return Friday and 35 were excused.

Earlier this month, Wiley ruled denied motions from both prosecutors and defense to suppress evidence during the trial.

Prosecutors objected to the defense's request to enter Neely's medical records and allow certain witnesses to testify. The defense objected to prosecutors presenting statements made by Penny after the deadly incident to police at the subway station and the precinct from the trial.

Wiley denied motions from both sides, clearing the way for all evidence to be presented during the trial.

Use of force experts previously spoke to Newsweek about how prosecutors and defense could present their arguments.

Dr. John R. Black, a retired police lieutenant and expert witness in cases involving high-stress decision making and lethal force, said prosecutors will likely focus on the severity of the threat Neely posed and the intensity of Penny's response.

"The prosecutor's argument is primarily an argument of, we'll call it, disproportionate response. This person did not represent the level of threat by which the technique that the other person chose was applied, so there's a mismatch," Black said.

Jamie Borden, a police veteran and expert witness in cases involving use of force, said the prosecution will likely emphasize the appearance of the incident.

"The prosecution is more than likely building their case on a passionate belief that something was done wrong," Borden said. "That doesn't mean that it wasn't done wrong, but I'm saying that they'll present their case from a point of passionate belief about the appearance of the incident."

The defense will likely challenge that point, according to Black.

"The other argument is we have the right to use a proportional level of force, and actually the law would say a reasonably necessary level of force to protect ourselves or to protect another," Black said.

Penny is facing five to 15 years in prison for the manslaughter charge and up to four years for the negligent homicide charge.









www.newsweek.com/daniel-penny-trial-jordan-neely-chokehold-nyc-subway-death-1973100

New Details Emerge About Jurors In Daniel Penny's Deadly Chokehold Trial

The judge presiding over the trial of Daniel Penny ruled that the jury will remain anonymous due to "threats" made to the prosecution and defense, as jury selection continues in the case.

Penny, a 25-year-old former Marine, is accused of choking and killing 30-year-old Jordan Neely on a subway in 2023. Neely was a well-known Michael Jackson impersonator who was homeless. He boarded the subway and reportedly began threatening people. Penny allegedly approached him from behind and placed him in a chokehold.

Neely was later pronounced dead at a hospital. His death was ruled a homicide by compression of the neck. Penny is charged with second-degree manslaughter and negligent homicide.

Jury selection in the case began on Monday. Protestors gathered outside the courthouse held signs in support of Neely and chanted "murderer" at Penny.

On Thursday, New York Supreme Court Justice Maxwell Wiley ruled in favor of the prosecution's request to conceal the identities of the 12 jurors who will be selected to hear the case.

Assistant District Attorney Dafna Yoran made the request "based on prior threats that have been received in this case by all sides."

She added that anonymity could help ensure a "fairer" outcome in the case.

"I believe that's wise," Wiley said.

He said he is aware of the various threats that have been made over the past several months.

"There's not just opinions, but very, very strong opinions," Wiley said. "There's been people who have not been afraid to make threats."

Penny's attorney, Thomas Kenniff, did not object to the request.

Potential jurors are being asked if they could serve on a trial that is expected to last about six weeks.

"Even if you have formed an opinion about it, that does not disqualify you from serving on this case," Wiley told potential jurors. "If you have formed an opinion on this case, you have to be prepared to change it."

Individuals who are not excused are being asked to return on Friday for the next phase of juror questioning. Wiley previously said he hopes to have 90 potential jurors in court Friday.

Earlier this month, Wiley ruled against motions from prosecutors and defense to suppress evidence in the trial.

Prosecutors objected to the defense's request to admit Neely's medical records into evidence and allow certain witnesses to testify. The defense objected to prosecutors presenting statements made by Penny to police at the subway station and the precinct.

Wiley denied motions from both sides, clearing the way for all evidence to be presented during the trial.

If convicted, Penny is facing five to 15 years in prison for the manslaughter charge and up to four years for the negligent homicide charge.

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www.newsweek.com/daniel-penny-trial-jury-selection-update-1974593