NYPD Officer Charged in Subway Chokehold Death of Eric Garner

Daniel Penny, a 24-year-old Marine veteran, will face charges of second-degree manslaughter in the death of Jordan Neely. Penny choked Neely for several minutes on the floor of an F train, killing him. New York City officials, politicians, and advocates for homeless and mentally ill residents called for his immediate arrest, while others reflected on their frustrations and fears about the city’s transit system. Neely was a subway performer known for his impersonation of Michael Jackson but later descended into mental illness and drug abuse. He had been violent in the past, having been charged with assault at least four times, including an incident in November 2021 when he punched a 67-year-old woman on the street. The killing brings to the fore several contentious issues – police brutality, discrimination, and justice – deeply affecting communities in the US.

The incident’s video has gone viral, leading to widespread outrage and protests. The district attorney’s office’s decision to press charges against Penny has been lauded by activists and city officials, some of whom criticized Mayor Eric Adams for his initial muted response. Penny’s lawyers maintained that their client “never intended to harm Mr. Neely and could not have foreseen his untimely death,” but Lennon Edwards, a lawyer for Neely’s family, condemned Penny’s actions, saying that Neely “was robbed of his life in a brutal way by someone who decided that they were judge, jury and executioner on the spot.”

On one hand, the incident highlights the city’s failure to care for its most vulnerable and marginalized residents. On the other hand, it highlights the need to train police officers appropriately to handle sensitive situations, especially those regarding homeless or mentally ill individuals. The incident also underscores the need for accountability for deadly conduct by police officers, regardless of their ethnicity or background. Black Lives Matter activists and politicians criticized the NYPD for prioritizing police officer protection over public safety, fueled by the killing of George Floyd.

Second-degree manslaughter charges require prosecutors to prove that Penny caused Neely’s death and did so recklessly, meaning that Penny knew that the chokehold could kill Neely and unreasonably chose to apply it anyway. If found guilty, he could spend up to 15 years in prison. Penny’s lawyers are expected to argue that the force he used against Neely was justified, given the harm that Neely represented to Penny or other passengers or both. However, prosecutors will have to prove that Penny used deadly force without having believed that Neely was also using deadly force or was about to.

In conclusion, the killing of Neely highlights crucial issues concerning police conduct, homelessness, and mental illness. The charges brought against Penny bring to focus the need for police reform and accountability, especially regarding the handling of sensitive situations. It also underscores the need for the city to provide better care for its most vulnerable and marginalized residents, especially relating to homelessness and mental illness. The incident serves as a reminder that the city’s police force must be trained appropriately to handle such situations, with sensitivity and compassion for all individuals, regardless of their background.

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