New York subway rider killed performer via chokehold, authorities say

A 30-year-old Black man who regularly danced in the Times Square transit hub was killed on Monday by a rider who put him in a chokehold on the New York City subway.

The confrontation took place as an F train traveling north reached the Broadway-Lafayette station in SoHo. Witnesses say Jordan Neely, recognizable to some New Yorkers as a Michael Jackson impersonator, was behaving erratically at the time. Video footage captured by Juan Alberto Vazquez, a freelance journalist, and shared on Facebook, showed Neely kicking as he was held down by passengers.

The man who pinned down Neely has not been identified but has been described in local reports as a 24-year-old former US marine. The man held Neely in a chokehold with his legs wrapped around his body; Neely lost consciousness during the struggle and later died in the hospital.

Neely died from compression of the neck, the city’s medical examiner determined on Wednesday, classifying his death as a homicide. The office noted that any determination about criminal culpability would be left to the legal system.

As news of Neely’s death spread online, video of the encounter evoked strong reactions from New Yorkers and officials. Some described the act as a lethal overreaction to a person in the throes of mental illness and others defended the marine veteran’s actions.

A group of protesters gathered on Wednesday afternoon in the station where Neely died to call for an arrest. Kyle Ishmael, a 38-year-old Harlem resident, said the video of the incident left him feeling “disgusted.”

“I couldn’t believe this was happening on my subway in my city that I grew up in,” he said.

In video footage of the incident, a voice could be heard calling for police while Neely attempted to shove away another rider who held his arms, saying the rider holding his neck was not squeezing.

As seen on the video, the hold lasted two minutes and 55 seconds before Neely was released.

Crime rates on the New York subway, a subject of concern following high-profile incidents and killings, have fallen in recent months. The city’s mayor, Eric Adams, and the state governor, Kathy Hochul, claim heightened police presence as a contributing factor.

Vazquez, who wrote on Facebook that he was on his way to a date in Yonkers when he saw the incident, told the New York Times Neely began yelling at passengers as he boarded the train.

Vasquez described a “very tense situation”, in which it was unclear how Neely would act.

“‘I don’t have food, I don’t have a drink, I’m fed up,’” Vasquez said the man yelled. “‘I don’t mind going to jail and getting life in prison. I’m ready to die.’”

Police took the rider who put Neely in a chokehold into custody. He was released without charges.

On Wednesday, a spokesperson for the New York police department told the Guardian the investigation was “ongoing”. The veteran, who appeared to be white, was taken into custody and released without charges. His name has not been released publicly.

The Manhattan district attorney’s office has also said it is investigating. “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,” a spokesperson for the DA told the Associated Press.

Dave Giffen, the executive director at Coalition for the Homeless, blamed city and state officials for an inadequate response to the mental health crisis – and questioned why the veteran was not facing criminal charges.

“The fact that someone who took the life of a distressed, mentally ill human being on a subway could be set free without facing any consequences is shocking,” he said. “This is an absolute travesty that must be investigated immediately.”

The Associated Press contributed reporting