Medical examiner rules Jordan Neely’s death a homicide after subway choking
The city medical examiner has ruled the death of a homeless man choked by a Marine on the subway earlier this week a homicide — as prosecutors mulled whether to pursue charges.
Jordan Neely’s cause of death was “compression of neck (chokehold)” and the manner constituted a homicide, the medical examiner determined Wednesday afternoon.
Neely, 30, was reportedly homeless and having a mental episode onboard an F train in lower Manhattan Monday afternoon when another straphanger jumped in to restrain him, according to police and witness accounts.
The wannabe vigilante, identified as a 24-year-old Marine from Queens, took down Neely from behind and placed him in a chokehold for about 15 minutes, police said.
Neely passed out and when EMS arrived, they were unable to revive him.
The medical examiner ordered additional testing after completing the initial autopsy to further examine the tissue on Neely’s neck, according to police sources.
A witness who filmed the disturbing encounter, Alberto Vazquez, told The Post that Neely was yelling at straphangers that he didn’t have any food or drinks and didn’t care if he went to jail before the Marine took him down.
Police previously said Neely had threatened riders, but didn’t know what words were exchanged.
Law enforcement sources said Neely had “numerous” arrests on his record, including for drugs, disorderly conduct, and fare beating — and that he had been living on the streets with a recorded history of mental illness.
At the time of his death, he had a warrant out for his arrest in a November 2021 case where he was accused of assaulting a 67-year-old woman in the East Village, the sources said.
The Marine was taken into custody immediately following the deadly encounter but was released without charges.
He denied a request to comment when reached by The Post on Tuesday.
The Manhattan District Attorney’s Office confirmed Wednesday that it was investigating Neely’s death — including whether to pursue charges against the man who choked him.
A spokesperson for the office said it was reviewing the medical examiner’s report.
What we know about NYC subway choking victim Jordan Neely
Who was Neely?
Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. May 1, according to police.
He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as Daniel Penny, a 24-year-old former Marine from Queens.
Penny, who was seen on video applying the chokehold, was taken into custody and later released. He was eventually charged with second-degree manslaughter.
Why is there fallout over Neely’s death?
The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).”
Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic and suffered from PTSD and depression.
“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.
Who is Penny?
24-year-old former Marine Daniel Penny served as an infantry squad leader and an instructor in water survival while in the Marines Corps from 2017 to 2021, according to his online resume. Penny graduated from high school in West Islip, NY.
He surrendered to authorities 11 days after he placed Neely in a fatal chokehold on an F train.
“This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life,” the spokesperson said.
“As part of our rigorous ongoing investigation, we will review the Medical Examiner’s report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records.”
The spokesperson added that the office will provide an update “when there is additional public information to share.”
A vigil for Neely, who was an occasional subway performer and Michael Jackson impersonator, on Wednesday turned into a protest as New Yorkers called for charges against the straphanger who choked him.
Native New Yorker and Brooklyn resident Lizzie No called the lack of charges “an outrage.”
“New Yorkers don’t deserve to be killed just for being poor,” No, 32, told The Post at the vigil-turned-protest.
Many protesters said the city should invest in social services and mental health support instead of boosting the NYPD budget and pushing more cops into the subway system — as police failed to prevent Neely’s death.
“The city poured millions of dollars into subway police and instead of actually stopping crime they let the murderer go. No charges,” said James, a 28-year-old Queens resident who declined to provide his last name.
Williamsburg florist Robert Jeffery brought a bouquet of white flowers to the vigil to honor Neely’s memory and pay his respect.
He said he believes Neely was innocent and should still be alive, but deserves justice at the very least.
“There’s been no charges. There’s been no type of accountability and with the overtime pay police are getting this should never have happened,” Jeffrey, 35, said.
Neely’s fans included Manhattan Borough President Mark Levine.
“I saw Jordan Neely perform his Michael Jackson routine many times on the A train,” Levine said on Twitter Wednesday. “He always made people smile.
“Our broken mental health system failed him,” Levine wrote. “He deserved help, not to die in a chokehold on the floor of the subway.”
In a tragic twist of fate, Neely was choked to death just as his mother was in 2007 when he was only 14, according to a 2012 report by the Star-Ledger.
Christine Neely, who was then 36, was killed and stuffed in a suitcase, which was dumped on the Henry Hudson Parkway on April 7, 2007, the outlet reported.
Additional reporting by Larry Celona and Valentina Jaramillo
