Subway Altercation Results in Death of Michael Jackson Impersonator

In a tragic incident on May 1, 2023, a confrontation on a northbound F train in Manhattan resulted in the death of Jordan Neely, a 30-year-old Michael Jackson impersonator. Neely, known for his performances as a busker in the subway and Times Square, had boarded the train at Second Ave.

Eyewitness accounts differ on the details of the altercation that unfolded. Neely’s behavior escalated, with some passengers reporting that he claimed to be homeless, hungry, and thirsty, while others stated that he made threats towards fellow passengers. The crowded train car was filled with mixed reactions, with some individuals expressing concern and others dismissing the incident as typical New York City behavior.

Daniel Penny, a 24-year-old Marine veteran, was also on the train and approached Neely from behind. Penny restrained Neely by grabbing him around the neck and pulling him to the floor. Despite the train reaching the Broadway-Lafayette station, Penny continued to restrain Neely, with two other passengers joining in to prevent his escape.

After several minutes, Neely stopped moving purposefully, exhibiting signs of distress. Concerned passengers urged Penny to release his grip, but it took over six minutes for Penny to finally release Neely. By that time, Neely was unresponsive, and a “thick and pinkish substance” was observed coming from his mouth. Police arrived at the scene, but their attempts at resuscitation were unsuccessful, and Neely was pronounced dead at a nearby hospital.

Daniel Penny, who has pleaded not guilty, is now facing charges of second-degree manslaughter and criminally negligent homicide. Prosecutors argue that Penny’s actions were careless and should have been known to potentially result in Neely’s death. They highlight Penny’s Marine training, which included discussions on the lethality of chokeholds, and his decision to continue restraining Neely even after he had stopped moving.

The incident sparked a broader discussion on crime and disorder, with some viewing it as a reflection of a failing social-support system for vulnerable individuals. Others framed it as an act of justified vigilantism in a city perceived as lawless. The upcoming trial, scheduled for October 21, 2024, may further fuel partisan discourse as it unfolds against the backdrop of the 2024 election.

Donald Trump, without viewing the video evidence, commented on the incident, stating that Penny was in great danger and that the other passengers were also at risk. The case drew comparisons to past incidents of subway vigilantism, such as the Bernie Goetz case in 1987.

Penny’s defense is expected to argue justification, claiming that his restraint of Neely was necessary to protect himself and others from an imminent threat. Witnesses who testified before the grand jury expressed fear and believed they were in danger due to Neely’s actions.

The trial will also delve into Neely’s history of trauma, unstable housing, schizophrenia, addiction, and his use of K2, a synthetic cannabinoid known for causing aggression and psychosis. Penny’s defense seeks to introduce this evidence to support their claim that Penny could not have predicted the potential consequences of his actions.