Jordan Neely's family says Daniel Penny 'acted with indifference' during fatal chokehold

Lawyers representing the family of Jordan Neely, the man who died after Daniel Penny put him in a fatal chokehold on an F train last week, have issued a statement saying that Penny “acted with indifference” and should go to prison.

The statement comes in response to words from Penny released via his lawyers on Friday night. In his statement, Penny offered condolences to those close to Neely, but added that Neely, who was homeless, had a “documented history of violent and erratic behavior.”

“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived,” Penny’s lawyers said.

Lawyers for Neely’s family issued a sharp response Monday, saying “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,” said the release from lawyers Donte Mills and Lennon Edwards, who represent Neely’s father, Andre Zachery and aunt, Carolyn Neely, as well as other family members.

Neely family lawyers also went on to address Mayor Eric Adams, who did not criticize the chokehold killing in its aftermath, saying authorities need to complete a full investigation. Adams added that the incident shows that there is a need to remove people with mental illness from the subway system, adding “There’s a lot we don’t know about what happened here.”

Neely family lawyers pushed back.

“The family wants you to know that Jordan matters,” their statement said. “You seem to think others are more important than him.”

So far, Manhattan District Attorney Alvin Bragg has not issued charges against Penny or anyone else.