On May 1, 2023, around 2:30 p.m., Jordan Neely, a homeless 30-year-old black man, was killed by Daniel Penny, a 24-year-old white man, who placed him in a chokehold while they were riding the F train in Manhattan on the New York City Subway.[2][3][4] At least two others restrained Neely's limbs. Freelance journalist and witness Juan Alberto Vázquez recorded video of the incident.
According to police, witnesses said Neely was acting in a "hostile and erratic" manner, yelling that he was hungry and thirsty,[4] that he would hurt anyone on the train, that he did not mind "going to jail or getting life in prison" and was "ready to die."[5] Vázquez said that Neely did not physically attack anyone,[6] but other witnesses reported him throwing trash at passengers.[7] Penny approached Neely from behind, placing him in a chokehold.[8] According to Vázquez the chokehold lasted for 15 minutes, three minutes of which he recorded on video.[9][10][11] An onlooker alerted Penny that Neely had defecated,[12] a warning sign he was dying; the onlooker then said "You're gonna kill him."[13] He was taken to Lenox Hill Hospital, where he was pronounced dead; according to some sources, he died on the subway car's floor.[14]
Police questioned Penny after the incident but released him without charges a few hours later.[15] Manhattan District Attorney Alvin Bragg began an investigation.[16] On May 3, the medical examiner's office determined the manner of death to be homicide,[17] stating that Neely died from "compression of neck (chokehold)".[1] On May 5, it was reported a grand jury would meet to determine if charges should be pressed against Penny.[18] On May 11, it was announced that Penny would be charged with second-degree manslaughter.[19] If convicted, Penny would face up to 15 years in prison.[20]