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Jordan Neely died from the “combined effects” of a number of a factors, not a chokehold, a forensic pathologist hired by Daniel Penny’s attorneys testified Thursday. Penny is charged with manslaughter and criminally negligent homicide in the chokehold death of Neely on a New York City subway train in May 2023. Penny, 26, who was a passenger on the train, put Neely in a chokehold and took him to the ground. Chundru said he did not believe that Neely died of a chokehold or that Penny had applied consistent and sufficient pressure to render him unconscious. Chundru said he believed Neely died from “the combined effects of sickle cell crisis, the schizophrenia, the struggle and restraint and the synthetic marijuana” that was in his system.
Persons: Jordan Neely, Daniel Penny’s, Penny, Neely, Satish Chundru, Dr, Cynthia Harris, Chundru, , Andre Zachary, Andrew Savulich, Harris, , Steven, Dafna Yoran, Yoran, Jacqueline Penny, neighborly, Gina Flaim, Penny’s, Eric Gonzalez, Gonzalez Organizations: Prosecutors, TNS, Getty, National Association of Medical, Marines Locations: New York City, Florida, Texas, New York, Manhattan, West Islip, Long, Queens
After having called more than 30 witnesses, the prosecution in the manslaughter trial of Daniel Penny, who is charged in the chokehold death of Jordan Neely, rested its case Monday. Penny put him in a chokehold that lasted about six minutes, prosecutors have said and evidence presented at trial has shown. Penny’s attorneys have said he acted to protect himself and other subway riders from “a seething, psychotic” Neely. Again and again, Harris answered that she believed the chokehold was the most probable cause of Neely’s death. Harris testified Friday that she based her ruling on her autopsy findings, coupled with the video and the investigative information about it.
Persons: Daniel Penny, Jordan Neely, Penny, Neely, ” Neely, Andrew Savulich, Cynthia Harris, Steven, Harris, ” Harris, Jacqueline Penny, , Alexandra Fay, Penny’s Organizations: Prosecutors, Republican, TNS, Getty, Marines Locations: , New York City, West Islip, Long, neighborly, Miami
“It’s my medical opinion that there are no alternative reasonable explanations for Mr. Neely’s death,” the medical examiner, Dr. Cynthia Harris, told jurors. The medical examiner testified that Neely died of asphyxiation. Attorneys for Penny, who is also charged with criminally negligent homicide, have refuted the medical examiner’s findings. One of those detectives testified under cross examination that neither he nor the other detective had told Penny that Neely was dead when they interviewed him. Gonzalez said that after he held Neely’s wrist, he told Penny: “You can let him go.
Persons: Jordan, Daniel Penny, Neely’s, Cynthia Harris, Harris, Penny, Neely, Thomas Kenniff, , Jordan Neely, Andrew Savulich, — Neely, , Dafna Yoran, Joseph Caballer, Caballer, ” Caballer, Eric Gonzalez, Gonzalez Organizations: Marine, Marine Corp, TNS, Getty, Prosecutors, Marine Corps Locations: New York City
Daniel Penny went “way too far” when he put Jordan Neely in a chokehold on a New York City subway train last year until he died, a Manhattan prosecutor told jurors Friday during opening statements in Penny’s manslaughter trial. “A chokehold is only permitted when it’s absolutely necessary and only for as long as it’s absolutely necessary,” Yoran told jurors. He talked about being hungry, thirsty and made threats about hurting people and wanting to go back to jail, which frightened people on the train, Yoran said. In addition to opening statements, jurors on Friday heard from three police officers who had responded to the subway car. Kenniff said jurors also would hear during the trial from subway riders who had feared for their lives.
Persons: Daniel Penny, Jordan Neely, Dafna Yoran, Neely, ” Yoran, ” Penny, Michael Jackson, Marine Daniel Penny, Yuki Iwamura, Yoran, Penny, , Thomas Kenniff, Kenniff, ” Kenniff, Andrew Savulich, laud, Maxwell Wiley Organizations: Marine, Getty, TNS, Narcan Locations: New York City, Manhattan, AFP
Obama focuses his campaign outreach on young Black men. Jeff Swensen / Getty ImagesWill Obama’s outreach to young Black men help Harris?Former President Barack Obama has been on the campaign trail for Kamala Harris, aiming to shore up her support among young Black men. Democrats have been unnerved by recent polls that show Harris’ numbers sagging among Black voters, particularly young men. One of Obama’s tasks leading up to Election Day is to persuade Black men that voting for Donald Trump would be a grievous mistake. 🙌 Russell Wilson made his Steelers debut on “Sunday Night Football” and led Pittsburgh to a 35-17 win against the New York Jets.
Persons: Obama, Sean “ Diddy ” Combs, Jeff Swensen, Harris, Barack Obama, Kamala Harris, It’s, Donald Trump, , hasn’t, “ They’re, He’s, podcasters, Read, Trump, ➡️ Harris, Al Sharpton, Mark Cuban, ➡️ Trump, Israel Aaron Schwartz, Michael M, Daniel Penny, Jordan Neely, Penny, Neely, Michael Jackson, Sean, Diddy, Combs, Lucas Jackson, Tony Buzbee, NFL Cary Edmondson, Russell Wilson, , Jayden Daniels, Greg Rosenstein, 🙌, aron, odgers,, alo, bea u, lea Organizations: Black, of Arizona, NBC, Trump, MSNBC, Getty, U.S, New York City, NBC News, NFL, Steelers, Jets, Pittsburgh, ards Locations: New York, Los Angeles, Philadelphia, peppering, Iran, Lebanon, New York City, Texas, hol
Prosecutors do not dispute that Neely was acting in an aggressive manner, they said in court documents. Video shows Penny wrapping his legs around Neely’s body as the pair are on the floor of the train car. Raiser said the defense plans to dispute that Penny had Neely in a chokehold at all. Hochul’s announcement came a week after a passenger had slashed a subway conductor in the neck and following other crimes in the subway system. And subway crime was down 5.1% year to date through the end of September, the police department said.
Persons: Daniel Penny, Jordan Neely, Penny, Neely, Michael Jackson, Andrew Savulich, Steven, , , Neely “, ” Penny, Kathy Hochul Organizations: New York City, New York, Police, TNS, Getty, Prosecutors, Marine Corps, Broadway, Lafayette Station, New York Gov, National Guard, Metropolitan Transportation Authority, New York Police Department, NYPD Locations: New York, New York City, Manhattan, excessiveness, Long
Jury selection begins Monday in the trial of Daniel Penny, a retired Marine charged in the deadly subway chokehold of Jordan Neely. A conviction for criminally negligent homicide would require the jury to find that Penny unjustifiably put Neely at risk of death, but failed to perceive that risk. Prosecutors have said the chokehold, which Penny held for several minutes, killed Neely, a 30-year-old homeless man and former Michael Jackson impersonator. Officers could be seen saying he had a faint pulse, and then shown giving him CPR about four minutes after they arrived. Officers could be seen saying he had a faint pulse, and then shown giving him CPR about four minutes after they arrived.
Persons: Daniel Penny, Jordan Neely, Penny, Neely, Michael Jackson, Penny unjustifiably, Black, Andrew Savulich, “ I’m, , ” Daniel Penny, Yuki Iwamura, , Miranda Organizations: Tribune, Service, Getty, Marine, Prosecutors, Manhattan, Marine Corps Locations: Manhattan, New York City, Long, AFP
Juanita McNeely, an uncompromising painter who used the language of Expressionism to immortalize the sweetest and most brutal moments of her own female experience, died on Oct. 18 in Manhattan. Her death, at Lenox Hill Hospital, was confirmed by her husband and only immediate survivor, Jeremy Lebensohn. But the most searing single piece might have been her record of the fragmentary details — emotional as well as physical — of an abortion she underwent in the 1960s. She had been admitted to a hospital for treatment of a tumor when doctors discovered she was pregnant. She eventually did receive the procedure she needed, at a different hospital — but the experience left marks.
Persons: Juanita McNeely, Jeremy Lebensohn, McNeely’s Organizations: Lenox Hill Hospital Locations: Manhattan, Lenox
Mr. Penny was arrested and arraigned on May 12, but the law required that the district attorney, Alvin L. Bragg, persuade a grand jury that there was reasonable cause to believe Mr. Penny had committed a crime before proceeding with the case. The grand jury process heavily favors prosecutors and, for many defendants, a vote to indict is expected. Mr. Penny had been expected to testify before the grand jury, but it is unclear whether he did so. Mr. Penny said that he had not meant to kill Mr. Neely and was instead trying to restrain him. Prosecutors would have to prove to a jury that Mr. Penny caused Mr. Neely’s death and used the chokehold knowing that it could kill.
Persons: Penny, Alvin L, Bragg, Penny’s, Neely, Neely’s, Mr, Black — Organizations: Prosecutors Locations: New York
Opinion: A boast that could sink Trump
  + stars: | 2023-05-21 | by ( Richard Galant | ) edition.cnn.com   time to read: +20 min
We’re looking back at the strongest, smartest opinion takes of the week from CNN and other outlets. CNN —“I’m the one that got rid of Roe v. Wade,” former President Donald Trump boasted Tuesday on Newsmax. Congress has the power to rein in the court, wrote CNN legal analyst and law professor Steve Vladeck, whose new book “The Shadow Docket” focuses on the Supreme Court. Courtesy Boaz FreundIn 2019, then-President Trump issued an executive order requiring hospitals to post the prices of common medical services and procedures. For some, its celebration of a multiracial but purely fictional British aristocracy may even be a big part of its appeal.”As escapism, “Queen Charlotte” is a success.
Mr. Penny, 24, has been charged with second-degree manslaughter in the killing of Mr. Neely, 30, on an F train on May 1. Witnesses said Mr. Neely had been shouting at passengers that he was hungry, thirsty and “ready to die,” according to the police. There has been no indication that Mr. Neely physically attacked anyone. In a video recorded on the train by a freelance journalist, Mr. Penny is seen on the floor with his arms around Mr. Neely’s neck for several minutes as two other riders help pin Mr. Neely down. The medical examiner’s office ruled Mr. Neely’s death a homicide two days later, and said that the cause of death was compression of his neck.
Editor’s note: Dean Obeidallah, a former attorney, is the host of SiriusXM radio’s daily program “The Dean Obeidallah Show.” Follow him @DeanObeidallah@masto.ai. CNN —We are seeing an alarming pattern emerge in which some GOP leaders defend — and even pledge to pardon — people charged with or convicted of killing a person. “The unfortunate result was the unintended and unforeseen death of Mr. Neely.”Penny has received support from a score of right-wing figures. Instead, DeSantis is sending a message that if you are supported by the GOP base, we may have your back, even if you are charged in someone’s death. After Perry’s conviction, many on the right demanded GOP Texas Gov.
For years before Jordan Neely, a mentally ill homeless man, was killed in the subway, the city had its eye on him. He was on a list informally known as the Top 50, a roster of people in a city of eight million who stand out for the severity of their troubles and their resistance to accepting help. The list is overseen by a task force of city agency workers and social-service nonprofits; when homeless-outreach workers see someone in the subway who is on the list, they are supposed to notify the city and try to get that person to a shelter. Despite that, and an open arrest warrant, Mr. Neely was out on his own on May 1, when he began ranting at passengers. A Marine veteran, Daniel Penny, grabbed him and choked him to death; Mr. Penny has now been charged with manslaughter.
The footage’s sedate quality tells us everything we need to know about death and suffering in this society. Despite the violent death we know is coming, the sounds are those of a stultifying normalcy. As the veteran New York journalist Errol Louis wrote recently, Neely was, when he boarded that train, already effectively dead. Maybe riders sensed in Neely’s language his desperation’s logical endpoint, a willingness to cross the border separating him from others. All the agitation and alarm and fear of violence in this situation seems to have happened before the application of a chokehold.
More than a week after the killing of a mentally ill man on a city subway, Mayor Eric Adams gave his most forceful comments so far about the death, saying it “never should have happened,” in a speech in which he also called for renewed investment in mental health services. But Mr. Adams continued to urge the public to wait for an investigation into the killing of the man, Jordan Neely, before drawing conclusions. In other recent cases, he has interjected his opinion quickly and expressed sympathy for the person he perceives as the victim, and suggested a course of legal action against the person he perceives as the perpetrator. But on Wednesday, he said that in the case of Mr. Neely’s death, “we have no control over that process.”“One thing we can control is how our city responds to this tragedy,” he said, adding, “One thing we can say for sure: Jordan Neely did not deserve to die.”Mr. Neely, a 30-year-old Black man and former Michael Jackson impersonator, was choked to death on May 1 by another passenger, Daniel Penny, who is white. His death could have been avoided if he had received more help as he struggled with mental illness, Mayor Adams said.
Last year, on a spring evening, a 28-year-old man confronted a woman on a San Diego bus who was filming him with her cellphone, according to court documents. He grabbed the man, Anthony J. McGaff, 28, put him in a chokehold and held him for eight minutes, Mr. McGaff’s family said, until Mr. McGaff lost consciousness and died. Like the New York case, the victim in San Diego was Black and the man who killed him was white. A video captured by a subway rider shows Daniel Penny holding Mr. Neely in a chokehold for at least three minutes, including nearly a minute after he went limp. In San Diego, law enforcement officials arrested Mr. Hilbert within hours.
And not only one’s children: I fear that the current situation on the subways may foster racial bigotry more broadly. I’ve heard this past week that we should tolerate the reality that these men make us “uncomfortable” on the subway. New Yorkers these days have read stories of people being pushed onto the tracks or stabbed by troubled individuals in subway stations. I am going to venture an idea that may be unpopular: Jordan Neely, in all of his innocence, did deserve restraint. The system needs to help both the Jordan Neelys and the rest of us.
It was a Monday afternoon and a 30-year-old man was ranting on an F train headed through Manhattan. He was a regular on the subway, once a gifted Michael Jackson impersonator, but he was also troubled. City workers had tried to help him for years. After the military, he had dropped out of college, posting online about feeling “completely unfulfilled,” and now he was looking for a bartending job in the city. He shouted to others on the train that he was hungry, that he didn’t care about returning to jail, that he was ready to die, witnesses said.
I made that choice apropos of the killing of Jordan Neely in a subway car in Manhattan on Monday. Neely died from compression to his neck as a result of the chokehold, according to the medical examiner. We do know that Neely had been arrested more than 40 times in recent years, including once for assault. Most of all, we know how the homeless make many of us feel: anxious, uncomfortable and even afraid. You can sense it in the equivocating reaction to Neely’s death from New York City’s mayor, Eric Adams, and New York’s governor, Kathy Hochul.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,” the statement said. As soon as Neely got on the train, he started yelling about being “fed up and hungry” and “tired of having nothing,” Vazquez told CNN. Neely did not appear to be armed or looking to attack anyone, Vazquez told CNN. In the video recorded by Vazquez, Neely and Penny are seen on the floor of a subway car with Penny’s arm wrapped around Neely’s neck. One appeared to be mediating the situation while the other seemed to help Penny restrain Neely, according to Vazquez.
Mr. Penny has not been charged in Mr. Neely’s death and it is unclear if he will be. Mr. Neely’s death, they said, was an unnecessary tragedy that underscores the city’s inadequate policies toward its most vulnerable and marginalized residents. Mayor Eric Adams called Mr. Neely’s death “tragic,” but urged patience as officials complete the investigation. What happened on the F train? The police said they received a call at 2:27 p.m. on Monday about a fight on an F train at the Broadway-Lafayette Street subway station in Manhattan.
Jordan Neely Was Killed - The New York Times
  + stars: | 2023-05-04 | by ( Roxane Gay | ) www.nytimes.com   time to read: +2 min
A former marine held Mr. Neely in a chokehold for several minutes, killing the man. News reports keep saying Mr. Neely died, which is a passive thing. No one appears to have intervened during those minutes to help Mr. Neely, though two men apparently tried to help the former marine. Did anyone ask the former marine to release Mr. Neely from his chokehold? Now that it’s too late, there are haunting, heartbreaking images of Mr. Neely, helpless and pinned, still being choked.
Almost as soon as the video of one subway rider choking another to death began to ricochet across the internet, the killing came to signify more than the tragic death of one man. For many New Yorkers, the choking of the 30-year-old homeless man, Jordan Neely, was a heinous act of public violence to be swiftly prosecuted, and represented a failure by the city to care for people with serious mental illness. Many others who lamented the killing nonetheless saw it as a reaction to fears about public safety in New York and the subway system in particular. And some New Yorkers wrestled with conflicting feelings: their own worries about crime and aggression in the city and their conviction that the rider had gone too far and should be charged with a crime. Now, as prosecutors continue to investigate the circumstances of Mr. Neely’s death, the case has become a political Rorschach test, dividing the city along long-simmering fault lines.
CNN —Manhattan prosecutors are conducting a “rigorous ongoing investigation” into the death of a man seen in video being put in a chokehold by another rider on the New York subway. Jordan Neely, 30, died Monday due to “compression of neck (chokehold),” a spokesperson for the New York City Office of the Chief Medical Examiner said. Another rider then approached Neely from behind and put him in a chokehold, Vazquez said. New York police officers respond after a man riding the subway was placed in a chokehold by another passenger. The man who put Neely in the chokehold has been identified as a 24-year-old from Queens, a law enforcement source said.
Most frequent riders of the New York City subway have seen people acting erratically on trains. Usually, they ignore them, move away from them or switch to another car. On Monday, one rider went up to Jordan Neely, a 30-year-old Michael Jackson impersonator who had been homeless for several years and was screaming that he was hungry and ready to die. Kathy Hochul said she needed to review the incident more closely but called the man’s death troubling. The incident comes as the city grapples with how to reduce both crime and the number of people with mental illness living on the streets, while also respecting the rights of its most vulnerable residents.
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