Jordan Neely killing: Family seeks justice as police yet to file criminal charges

The family of Jordan Neely, 30, a homeless New York man who was reportedly killed by a former US Marine Corps veteran in a chokehold, has come out to condemn the actions that led to Neely's killing.

The former US Marine Corps veteran has been identified as Daniel Penny.

Neely, while being homeless,identified as a "big time" Michael Jackson fan and had amassed a following within New York City and beyond.

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In a statement released on Monday morning, Neely's family said that a statement issued last week by the attorney representing Daniel Penny amounts to an "admission of guilt," and that "his actions on the train, and now his words, show why he needs to be in prison."

The statement by Penny's attorney said he "never intended to harm Mr. Neely and could not have foreseen his untimely death."

Penny was questioned by police and released the same day, and has not been criminally charged, CBS News reported.

The case is expected to go before a grand jury this week to determine whether or not to bring criminal charges

Protests have erupted in parts of Europe in which demonstrators have called for justice for Neely.

"Daniel Penny's press release is not an apology nor an expression of regret. It is a character assassination, and a clear example of why he believed he was entitled to take Jordan's life," the Neely family said in Monday's statement. "In the first paragraph he talks about how 'good' he is and the next paragraph he talks about how 'bad' Jordan was in an effort to convince us Jordan's life was 'worthless.' The truth is, he knew nothing about Jordans history when he intentionally wrapped his arms around Jordan's neck, and squeezed and kept squeezing."

Thevideo footage of the incident shows Penny lying on the floor beneath Neely with both arms wrapped around his neck.

Penny, who is 24, claimed he acted to restrain the man who was behaving erratically, according to witnesses and Penny's lawyer.

The chockehold has been characterised as "a tragic incident on the NYC subway, which ended in the death of Jordan Neely."

His family said Monday that Penny's actions on the train and the subsequent press release spoke to his "indifference" toward Neely's life and "show why he needs to be in prison."

"In the last paragraph, Daniel Penny suggests that the general public has shown 'indifference' for people like Jordan, but that term is more appropriately used to describe himself. It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message," they said in the statement. "He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."

The statement from Neely's family concluded with a request to New York City Mayor Eric Adams to "please give us a call."

"The family wants you to know that Jordan matters," it said. "You seem to think others are more important than him. You cannot 'assist' someone with a chokehold."

(With inputs from agencies)

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