NYPD, Manhattan DA 'not quite there yet' in investigation into Jordan Neely's subway chokehold death

A top NYPD official said Wednesday that police are still gathering information and seeking additional witnesses in the criminal probe of the chokehold death on the subway of Jordan Neely a week ago.

Chief of Detectives James Essig said in a news briefing that investigators were “not quite there yet” in deciding with prosecutors if there was enough evidence to bring charges in the death of Neely. The 30-year-old man had been screaming and menacing other passengers last Monday on an F train in Manhattan, according to witnesses.

Neely, who was seen on a video shot by a civilian being restrained by ex-Marine Daniel Penny of West Islip and others, had a history of mental illness, according to police and reports from his family.

Neely died of asphyxiation as a result of chokehold and his death was ruled a homicide by the city medical examiner. Penny was seen on the video using an apparent chokehold on Neely and his lawyers put out a statement over the weekend calling Neely’s death an unforeseen tragedy. Penny was questioned by police but has not been charged.

But Neely’s death has sparked demonstrations and calls by his family and other advocates for Penny to be charged. Protesters briefly stopped a subway train over the weekend and police charged a number of them. Essig said five additional demonstrators have been identified and are being sought.

Essig noted that police have received “numerous” tips and calls about the fatal incident on the Crime Stoppers line but were still seeking more evidence.

“We have been getting information from the public, people who were either on [the train] or have information … we are working with the Manhattan DA's office … methodically going through all evidence with them, interviewing all witnesses. It was a pretty crowded train.”

Essig said more video has come from the public but that none captured the actual chokehold incident or the prelude to the confrontation.

In a separate statement, Mayor Eric Adams said that Neely shouldn’t have died and he called next week for a summit of experts to come up with strategies for dealing with mentally ill people who need help.

“One thing we can say for sure, Jordan Neely didn’t have to die,” said Adams, noting that mentally ill people are sometimes unaware of being caught up in a cycle of violence and don’t seek treatment.

Adams also said he wanted to create a plan for removing people to hospitals for mental health treatment and called for legislation to remedy flaws in state laws to enable forcible intervention to help the mentally ill get into treatment.

“People in crisis often need extended hospital care when they are in crisis,” said Adams. “There are more Jordan Neelys out there.”

Adams' stance got pushback from the New York Civil Liberties Union, which said forcing people into treatment is a recipe for failure.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.