Gothamist
A non-profit newsroom, powered by WNYC.
Gothamist
Listen Live
News
Jordan Neely's family says Daniel Penny 'acted with indifference' during fatal chokehold
By
Ann Givens
Published May 8, 2023
Share
FacebookTwitterRedditEmail
Never miss a story
Email address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .
Ron Adar / Shutterstock
By
Ann Givens
Published May 8, 2023
Share
FacebookTwitterRedditEmail
We rely on your support to make local news available to all
Make your contribution now and help Gothamist thrive in 2026. Donate today
Gothamist is funded by sponsors and member donations
Lawyers representing the family of Jordan Neely, the man who died after Daniel Penny put him in a fatal chokehold on an F train last week, have issued a statement saying that Penny “acted with indifference” and should go to prison.
The statement comes in response to words from Penny released via his lawyers on Friday night. In his statement, Penny offered condolences to those close to Neely, but added that Neely, who was homeless, had a “documented history of violent and erratic behavior.”
“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,” Penny’s lawyers said.
Lawyers for Neely’s family issued a sharp response Monday, saying “Daniel Penny’s press release is not an apology nor an expression of regret.”
“It is a character assassination, and a clear example of why he believed he was entitled to take Jordan’s life,” said the release from lawyers Donte Mills and Lennon Edwards, who represent Neely’s father, Andre Zachery and aunt, Carolyn Neely, as well as other family members.
Neely family lawyers also went on to address Mayor Eric Adams, who did not criticize the chokehold killing in its aftermath, saying authorities need to complete a full investigation. Adams added that the incident shows that there is a need to remove people with mental illness from the subway system, adding “There’s a lot we don’t know about what happened here.”
Neely family lawyers pushed back.
“The family wants you to know that Jordan matters,” their statement said. “You seem to think others are more important than him.”
So far, Manhattan District Attorney Alvin Bragg has not issued charges against Penny or anyone else.
Tagged
Jordan Neely
public safety
manhattan
transportation
Ann Givens
Ann Givens is the Public Safety Editor at Gothamist and WNYC. Got a tip? Email: [email protected] or reach Ann on Signal at 917-434-0736.
Read more
Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
MORE news
Why New Yorkers should care about bats beyond spooky season
As Bat Week begins, state wildlife officials urge New Yorkers to protect bats, which play an important role in the environment.
By
Catalina Gonella
Published Oct 25, 2026 at 6:44 p.m. ET
Serbians forced to wait hours to vote at NYC consulate as Balkan nation holds election
Early voting may have kicked off in New York this weekend, but Serbian immigrants seeking to vote had a much tighter window on Sunday.
By
Jill Webb
and
Michael Sol Warren
News
Serbians forced to wait hours to vote at NYC consulate as Balkan nation holds election
Early voting may have kicked off in New York this weekend, but Serbian immigrants seeking to vote had a much tighter window on Sunday.
By
Jill Webb
and
Michael Sol Warren
Retired NYPD detective charged in George Washington Bridge killing out on $1M bail
By
Michael Sol Warren
Suicides decline in NYC, but inequities persist across groups
By
Jill Webb
Cuts to rural healthcare become key issue for upstate votes in race for NY governor
By
Samuel King
Never miss a story
Catch up on the most important headlines with a roundup of essential NYC stories, delivered to your inbox daily.
Sign upEmail address
By submitting your information, you're agreeing to receive communications from New York Public Radio in accordance with our Terms .