Family of Jordan Neely Condemns Daniel Penny’s Response to Killing

Representatives for the family of Jordan Neely, the man killed in a chokehold by Daniel Penny onboard a New York City subway train last week, released a statement Monday saying the former Marine "needs to be in prison."

The statement came after Penny, a 24-year-old college student, released his own statement through his attorneys on Friday.

"Daniel Penny's press release is not an apology nor an expression of regret," Donte Mills and Lennon Edwards, attorneys representing Neely's family, said in the latest statement. "It is a character assassination, and a clear example of why he believed he was entitled to take Jordan's life."

Neely's death has sparked national attention, as the May 1 incident onboard an F Train at a Manhattan station was caught on video by freelance journalist Juan Alberto Vazquez.

Vazquez told The New York Times that soon after Neely, a 30-year-old homeless man, entered the train at a previous stop, he began screaming.

Neely told other passengers he was hungry and thirsty, according to Vazquez. He did not care if he went to jail and said he is "ready to die," Vazquez recalled to the Times.

Vazquez said he did not see Penny grab Neely, but heard a thump before he saw both men on the floor of the train, where Penny put Neely in a chokehold.

Neely was later pronounced dead at a hospital.

The Manhattan District Attorney's office is investigating the matter. No charges had been filed as of Monday.

Penny's initial statement

A statement released by Steven M. Raiser and Thomas A. Kenniff, the attorneys representing Penny, on Friday acknowledged Penny was involved in a "tragic incident on the NYC subway, which ended in the death of Jordan Neely."

On Penny's behalf, the attorneys expressed condolences for Neely's death and went on to say Neely had "a documented history of violent and erratic behvior, the apparent result of ongoing and untreated mental illness."

The statement also alleged Neeley threatened passengers on the train and that Penny, and others, acted to "protect themselves, until help arrived."

"Daniel never intended to harm Mr. Neely and could not have forseen his untimely death," the attorneys said.

"For too long, those suffering from mental illness have been treated with indifference," they added. "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."

Neely's family responds

In their statement Monday, Mills and Edwards, Neely's attorneys, responded by highlighting how Penny's statement "talks about how 'good' he is" and "how 'bad' Jordan was in an in effort to convince us Jordan's life was 'worthless.'"

"The truth is, he knew nothing about Jordan's history when he intentionally wrapped his arms around Jordan's neck, and squeezed and kept squeezing," Mills and Edwards said.

The two attorneys also wrote that Penny's statement suggests "the general public has shown 'indifference' for people like Jordan."

"But that term is more appropriately used to describe himself," they wrote. "It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message. He never attempted to help him at all.

"In short, his actions on the train, and now his words, show why he needs to be in prison."

Mills and Edwards also asked Mayor Eric Adams to give them a call.

Adams has faced criticism from progressive Democrats over his own response to Neely's death.

The mayor, who has upped police presence on subways and brought about efforts to remove homeless people from public transit, said last week the incident shows why his policies are necessary.

"The family wants you to know that Jordan matters," the Neely family attorneys said to Adams in their statement. "You seem to think others are more important than him. You cannot 'assist' someone with a chokehold."