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| -Land of the Free |
| Marine veteran in NYC subway chokehold death faces tough legal road, experts say |
| 2023-05-05 |
| [FoxNews] Jordan Neely, reportedly in the midst of a mental breakdown on a Manhattan subway, died from a chokehold. A U.S. Marine veteran accused of killing erratic New York City subway passenger Jordan Neely after placing him in a chokehold Monday will likely be arrested, experts told Fox News Digital. After Neely, 30, began ranting on the F train in Lower Manhattan, the Marine vet dragged the mentally ill man to the ground and held him with his arm over his neck for 15 minutes, according to Juan Alberto Vazquez, who shot now-viral cellphone video of the incident. "Even if you're initially allowed to use force, it has to be proportional, and a 15-minute chokehold, that’s a pretty long time. At the point that the threat is immobilized, you’re no longer permitted to use force," former Manhattan prosecutor turned criminal defense lawyer Mark Bederow told Fox News Digital. He said the vet, whose name is being withheld by Fox News Digital, will likely be charged with second-degree manslaughter or criminal negligent homicide, which don't carry mandatory jail sentences. "People calling this murder need to slow down," Bederow said. "I don’t think anyone who is looking at this seriously thinks this guy had intent to kill a mentally disturbed man or acted with depraved indifference to human life." Vazquez told the New York Post that Neely, who has schizophrenia, barged into the train at about 2:30 p.m., "screaming in an aggressive manner" that he had no food or water. As Neely yelled at riders, they moved away, prompting the 24-year-old Marine vet to put him in a headlock as two other straphangers helped restrain the disturbed man. The shocking subway death has spurred demonstrations decrying police and calling for the vet's arrest. Several protesters clashed with officers in Manhattan, resulting in arrests Wednesday on charges ranging from graffiti to assault. Manhattan District Attorney Alvin Bragg said his office is conducting an investigation. The Marine veteran declined to comment when reached by phone. "I’m not interested in answering any questions, thank you," he told Fox News Digital. Former prosecutor Joan Illuzzi-Orbon, who left the DA's office when Bragg took over, has tried some of the borough's highest-profile cases, including securing a rape conviction against Harvey Weinstein and a guilty plea for assault from Jay-Z. The veteran assistant district attorney called the subway chokehold death a "difficult investigation" but cautioned against "politicizing" the tragedy. "At what point do we view him as a good Samaritan versus someone who goes too far and takes the law into his own hands?" she said. "I feel for both parties, I really do. Of course, the man who died paid the ultimate price." If the vet were charged with criminal negligent homicide, the lowest level felony, it would be under the theory that he failed to perceive the risks of his actions. Second-degree manslaughter, a more serious class C felony, would indicate that a reasonable person perceived the risks but disregarded them. Retired NYPD Lt. John Macari blamed the tragedy on ineffective political leadership and a sense of growing lawlessness in New York City. Since the pandemic, the city's subway system has doubled as an unofficial homeless shelter, with the severely mentally ill roaming the cars and platforms en masse. |
| Posted by:Skidmark |
| #22 #20 - OUCH! lol |
| Posted by: Frank G 2023-05-05 18:22 |
| #21 They have to arrest and convict him or face city-destroying riots , er, mostly peaceful protests. |
| Posted by: Glenmore 2023-05-05 17:45 |
| #20 He is now. |
| Posted by: swksvolFF 2023-05-05 16:00 |
| #19 "Michael Jackson Impersonator" not since 2017 |
| Posted by: Deacon Blues 2023-05-05 15:42 |
| #18 The beeps in that video remind me of a Jerry Springer (RIP) show. But when will these attacks on gentle giants finally stop? /sarc |
| Posted by: DooDahMan 2023-05-05 14:12 |
| #17 There are lots of places they want to export this "behavior" to where it will not end well for the "behavers." And suprise, surprise, nobody saw anything. |
| Posted by: M. Murcek 2023-05-05 13:58 |
| #16 Americans shouldnt have to tolerate daily menace on their commutes. Do you understand their mentality? Inner city violence is unequitable. The majority of White People do not typically share in that misery, and their blueprint is to export it so we can all can get a taste of it. Is that the culture you want the children to inherit? Is that the reality you accept. Be constantly scared in public? Live on your knees in fear. Someone will say, stay out of the cities. F! That. America is for Americans and I'll be damned if I cant walk down a street or ride Septa or Metro b/c of dangerous psychopathic homelessness. It's up to us to manifest our reality. You pushback or accept it. And what we saw in NYC was tragic, but necessary in the fight against Woke America. If you think you can win the country back without ugly things happening, you obviously never been in a fight and I hate to break it to you... |
| Posted by: mossomo 2023-05-05 13:41 |
| #15 The toxicology report will also be germane. |
| Posted by: Super Hose 2023-05-05 13:07 |
| #13 Plays with his monkey all day long. |
| Posted by: swksvolFF 2023-05-05 11:33 |
| #12 You bad or something? You ain't bad You aint nothin'! |
| Posted by: swksvolFF 2023-05-05 11:32 |
| #11 /\ They told him, "Don't you ever come around here" "Don't wanna see your face, you better disappear" The fire's in their eyes and their words are really clear, So beat it, just beat it… |
| Posted by: Besoeker 2023-05-05 11:12 |
| #10 "Michael Jackson Impersonator" So he was high as a kite and molesting people. IIUC, in NYC ™ your 50th is Platinum. |
| Posted by: swksvolFF 2023-05-05 11:07 |
| #9 The media was shooting for a '50th arrest' news headliner. Someone besides the perp must be blamed. |
| Posted by: Besoeker 2023-05-05 10:56 |
| #8 So, the skell went into respiratory arrest because he was finally experiencing what it is like to be restrained. |
| Posted by: M. Murcek 2023-05-05 10:55 |
| #7 It was reported yesterday the hold was for only 3 minutes. the video seems to confirm this. After the hold was let go he was still moving and breathing. |
| Posted by: Deacon Blues 2023-05-05 10:54 |
| #6 The person choked out was arrested 47 times. Sooner or later such miss-behavior is going to run into a person not interested in the 48th arrest. This was inevitable due to the lack of common sense by tax funded public safety officials. Put the entire justice system on trail. |
| Posted by: airandee 2023-05-05 09:51 |
| #5 I suspect it won't go to trial. Here's why: 1. NYC residents are sick of crime 2. This guy's rap sheet is going to be germaine to the case. 3. If they punish this guy, with the lack of criminal control, the residents will just see nothing and on look, here's a splattered dead guy, no idea how he got there. |
| Posted by: Silentbrick 2023-05-05 09:38 |
| #4 Whatever happened to those Guardian Angels? |
| Posted by: DooDahMan 2023-05-05 07:21 |
| #3 Yeah, if it's true (it's a media report, so whudda you think?) he kept the guy in a choke hold for 20 minutes, I'd say his lawyer has his work cut out for him. |
| Posted by: M. Murcek 2023-05-05 07:10 |
| #2 Jordan Neely death: NYC mayor calls out AOC for 'irresponsible' murder claim |
| Posted by: Skidmark 2023-05-05 05:25 |
| #1 Marine veteran in NYC subway chokehold death hires Manhattan DA Bragg’s former rival as attorney |
| Posted by: Skidmark 2023-05-05 05:05 |