Prosecutors could bring manslaughter charges against a subway passenger who choked a homeless man to death, according to legal experts, as New Yorkers plead for justice in the wake of the killing of Jordan Neely on a Manhattan F train.
A grand jury could determine whether criminal charges are brought against the man who was filmed with his arm wrapped around Neely’s neck, according to officials speaking with several New York outlets.
A law enforcement official close to the investigation told ABC News that the case is likely to go to a grand jury, which would convene to determine whether criminal charges are warranted.
Detectives have reportedly interviewed several witnesses and are looking to talk to “four or five more” who were close to the scene, according to the network.
Daniel Penny, who was filmed with his arm around Neely’s neck, has retained legal representation from attorneys with the firm Raiser and Kenniff. Mr Penny has not been charged with any crime.
A statement from his attorneys shared with The Independent said Mr Penny, “with the help of others, acted to protect themselves, until help arrived” after Neely allegedy threatened Mr Penny and other passengers.
“Daniel never intended to harm Mr Neely and could not have foreseen his untimely death,” according to the statement. “For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.”
Thomas Kenniff unsuccessfully ran for Manhattan district attorney as a Republican in 2021, ultimately losing to Alvin Bragg, who received more than 82 per cent of the vote.
A spokesperson for the district attorney’s office told The Independent that “senior, experienced prosecutors” are investigating Neely’s death.
“This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life,” press secretary Douglas Cohen 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 investigation is being led by veteran homicide prosecutor Joshua Steinglass, The New York Times has reported and the district attorney’s office has confirmed.
Mr Steinglass led last year’s successful prosecution of the Trump Organization on charges that included 17 tax crimes, including conspiracy and falsifying business records.
A report from New York’s chief medical examiner on 3 May determined that Neely’s cause of death was due to “compression of neck (chokehold)”. It was ruled a homicide.
The medical examiner’s determination is not criminal culpability; it will be up to law enforcement whether to pursue charges.
Neely’s family has retained attorneys with Mills & Edwards, The Independent has confirmed.
Mr Penny also has provided a version of events to investigators, according to ABC News.
A potential criminal charge could include second-degree manslaughter or criminally negligent homicide, according to legal experts speaking with Gothamist.
Under New York’s “justification” law, a person can use physical force when their safety is at risk, including during incidents of self defense or the defense of a third party, the outlet reported.
Prosecutors or a grand jury likely will determine, after reviewing evidence from witness testimony and surveillance cameras, whether there was any such justification.
The Metropolitan Transit Authority, the agency responsible for New York’s public transportation, is on schedule to complete its plan of installing surveillance cameras on every train car in the city’s fleet. But most cars, including the F train in which Neely was killed, still do not have them, a spokesperson confirmed.
Meanwhile, protests and vigils across New York City have pressed law enforcement to make an arrest, while condemning what advocates have characterised as a cascade of policy failures with violent impacts against homeless New Yorkers.
Neely’s father Andre Zachary told The New York Daily News: “I just want something to be done.”
“Something has to be done,” he added.
