Neely boarded a New York City Subway train at the Second Avenue station just before it departed and reportedly began screaming that he was hungry, thirsty, and needed a job, saying that he was not afraid of going to prison and was "ready to die".
Juan Alberto Vázquez, a freelance journalist who witnessed the incident, said that Neely removed his jacket and threw it to the floor, in response to which other passengers moved away from him.
Penny maintained the hold after the train had reached its next stop, Broadway–Lafayette Street, while other passengers held the doors open to prevent it from moving.
Critics of Penny joined protests and characterized him as a vigilante, demanded that he be charged, and alleged that he was motivated by racism against Neely, an African-American.
Given Neely's background of homelessness and mental health issues, the incident also prompted discussion about the treatment of such individuals in New York City.
He was formally indicted by a grand jury the next month, with an additional lesser charge of criminally negligent homicide added a few weeks later.
Conversely, defense attorneys quoted a witness stating that she had been riding the subway for years but had never encountered a person who "put fear into" her as much as Neely did.
"[34][20] The New York Police Department reportedly received a call at 2:27 p.m. about a fight on the train, and arrived before 2:30 p.m., administering first aid to an unconscious Neely.
[46] Neely had an extensive criminal record, including 42 arrests for offenses such as petty larceny, theft, jumping subway turnstiles, and assaults.
[47] Neely was frequently homeless and had a history of mental health issues, including schizophrenia, depression, and PTSD, which were linked to trauma he experienced in his youth.
[51][46] From 2019 until the time of his death, he was included on what was informally known as the "Top 50 List", a city-maintained roster of homeless people considered to be most in need of assistance and treatment, to which they are often resistant.
In addition to Neely's family and friends, several Democratic politicians, including Rep. Alexandria Ocasio-Cortez, New York City public advocate Jumaane Williams, and Lt. Gov.
[62] Penny was hired by Andreessen Horowitz, a prominent Silicon Valley venture capital firm, as a deal partner a few months later.
[64] Also on May 3, the medical examiner's office determined the manner of death to be homicide,[65] stating that Neely died from "compression of neck (chokehold)".
The medical examiner made the determination after performing an autopsy and watching cell phone video of the incident, but did not wait for results from a toxicology report.
A criminally negligent homicide conviction would require proof that the defendant's actions unjustifiably risked Neely's death, but without awareness of the danger.
They also argued against the medical examiner's determination of a homicide, citing a pathologist's testimony stating that Neely died from a combination of factors, including his sickle cell trait, a schizophrenic episode, struggling with Penny's restraint, and intoxication from K2 synthetic marijuana.
[89] On December 5, a wrongful death suit was filed into the New York Supreme Court by Jordan Neely's father, Andre Zachary, on the grounds of negligence, assault, and battery.
Based on her years of outreach work at Rikers Island, Harper said that younger homeless men like Neely were frequently counseled by their elders to intentionally commit minor offenses for the purpose of getting a warm meal and bed in jail, or claim suicidal ideation to gain hospital admission, when no other options were available.
[1] Adams later held a press conference calling for passage of the proposed Supportive Interventions Act, a bill that would lower the legal threshold at which a person can be involuntarily committed in New York.
[100] Metropolitan Transportation Authority chair Janno Lieber called the death "really troubling and upsetting" and urged riders to "find a way to deescalate" if challenges emerge on the subways.
[103] State Senator Julia Salazar called Neely's killing a lynching,[104][105] arguing that Neely would not have been perceived as threatening if he were not black, referencing news and social media coverage demonizing the homeless and mentally ill.[104] She tweeted, "The constant demonization of poor people and people in mental health crisis in our city allows for this barbarism.
[108] Many left-leaning activists, including Democratic Party representative Alexandria Ocasio-Cortez, said Neely was murdered,[101] pointing to what they say are deficiencies in the city's response to homelessness and mental illness.
[51] Ocasio-Cortez tweeted: "Jordan was houseless and crying for food in a time when the city is raising rents and stripping services to militarize itself.
[23][111] Other officials expressed frustration that DA Bragg's office had not already criminally charged Penny, claiming that if he had been black, the situation would have unfolded differently.
On the same day, Ogles wrote on Twitter, "In Democrat-run cities across the nation, crime is rampant, and the desperate cry for order is loud.
He said that he found the issues of homelessness and mental illness "vexing to write about" because they lack easy solutions, and that he thought many readers feel or assume that the answer is to "just get these people to take their meds, and or just lock them away in a long-term psychiatric institution.
[134] Several organizations, including Black Lives Matter, NAACP, and Amnesty International USA, have called for accountability in Neely's killing.
[135][136] On May 5, 2023, protests took place across the city, including locations such as the Broadway–Lafayette Street station, Washington Square Park, and outside the Manhattan district attorney's office, calling for criminal charges to be brought.
[139] On June 23, the Manhattan district attorney's office dropped all misdemeanor charges related to the protests, which included resisting arrest and disorderly conduct.