BURSTRev. Al Sharpton is condemning a jury’s decision to acquit a white Marine veteran in the chokehold death of a homeless Black man on a subway train in New York City last May.
Sharpton accused Daniel Penny, a 26-year-old who held 30-year-old Jordan Neely in a headlock until he stopped breathing, of “unnecessary vigilantism.”
“Today’s verdict in the Jordan Neely case does not change what we have known to be true in our hearts since the very beginning: Jordan Neely’s life was brutally taken away because of unnecessary vigilantism,” Sharpton said.
“This kind of behavior was inexcusable 40 years ago when Bernhard Goetz opened fire in a subway car, and it remained the case more than a year ago when Daniel Penny took Jordan's life," Sharpton said. "Jordan was in the middle of a mental health crisis, but instead of being offered a helping hand, he got an arm around his neck.”
Penny was indicted by a grand jury last June after the chief medical examiner’s office concluded Neely died from compression of the neck and ruled his death a homicide.
Neely, who was known for his Michael Jackson impersonations and suffered from mental illness, had been shouting at passengers on a subway that he was hungry, thirsty and suicidal when Penny intervened. He forced Neely to the ground where he then held him in a chokehold for several minutes as another passenger pinned Neely’s arms and a third person held down his shoulder.
In court, Penny’s defense argued he was protecting himself and the other passengers from a mentally ill man.
A manslaughter charge against Penny was dismissed by Judge Maxwell Wiley on Friday after jurors told the court they could not reach a unanimous verdict. On Monday, the jury acquitted him of a criminally negligent homicide charge.
But Sharpton said after Monday's verdict that Neely’s family was “denied justice.”
“This verdict represents the blatant legalization of civilian vigilantism, sending a dangerous message that citizens can now take matters into their own hands, even if it leads to someone’s death,” said Sharpton. “That is a threat to all of us. We fought this 40 years ago with Goetz, we fought it when Eric Garner was killed, and we will continue to fight it today.”
While Penny smiled as the verdict was read on Monday and some applauded, Neely’s father, Andre Zachary, shouted expletives. Zachary has filed a civil suit accusing Penny of negligence, assault and battery.
Sharpton on Monday also said the nation must do more to help those struggling.
“Today’s acquittal should still serve as a reminder that we cannot fear or ignore those who are struggling but must instead recognize their equal humanity,” said Sharpton.
“Jordan, famous for the smiles he brought to people’s faces with his Michael Jackson impersonation, had dreams, passions, and love in his heart too. Our brothers and sisters in crisis deserve our compassion and understanding, not violence. While this verdict may not bring the closure Jordan’s family deserves, his legacy will continue to demand compassion and action from all of us.”