Justice Denied: Jordan Neely and the Cost of America’s Indifference
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Alexa Wilkinson (they/them) is an independent Photojournalist living in Newburgh having left Beacon due to the rising rent. Alexa goes on site to cover the Pro-Palestinian movement in Beacon’s Town Hall; at protests in the Hudson Valley; and on campuses in New York City. For this trial, Alexa was in the courtroom as Press for various points of the trial.
Justice Denied: Jordan Neely and the Cost of America’s Indifference
What the trial & verdict of Jordan Neely’s killer, Daniel Penny, can tell us about the dehumanization of people who are unhoused, the healthcare industry, and housing insecurity.
Daniel Penny on the right.
Photo Credit: Alexa B. WIlkinson
On the cold and rainy morning of December 9th at the 100 Centre Street Courthouse, Jordan Neely’s killer, Daniel Penny, was acquitted on a charge of criminally negligent homicide. The lesser charge verdict came after the more serious charge of Manslaughter was dropped last Friday. As the verdict was read, the courtroom erupted in a mixture of applause and anger, perfectly encapsulating the public rhetoric surrounding this case. Protestors outside shouted with signs in tow: “Justice for Jordan Neely!”
The video of Jordan’s death—six agonizing minutes of a chokehold administered by Daniel Penny—circulated widely online, leaving no ambiguity about who ended his life. Yet this verdict raises deeper questions:
How many systems failed Jordan Neely before Daniel Penny’s fateful encounter?
What does this mean for Black, unhoused, and medically fragile people in a country that criminalizes poverty?
Who gets justice in a system designed to punish the vulnerable and protect those with privilege?
Background: Who Was Jordan Neely?
Jordan Neely posting in his Michael Jackson impersonation.
Jordan Neely, a performer known for his Michael Jackson impersonations in New York City subways, was a symbol of both joy and tragedy. As reported by ABC News in an exhaustive feature, Jordan faced significant challenges from a young age. He and his mother, Christie, often struggled with housing insecurity. At age 14, Jordan’s life took a devastating turn when Christie was murdered by her boyfriend, who discarded her body in a suitcase. This loss profoundly impacted Jordan, and his mental health began to deteriorate as he entered adulthood
Photo Credit: Mildred Mahazu from An ABC article.
Jordan found brief solace in his performances, however, his untreated mental health issues and struggles with housing insecurity overshadowed his life. He became a familiar figure on subway trains, sometimes asking passengers for food or money, as his situation grew more desperate.
Despite being flagged as a “high need” individual by NYC outreach workers, Jordan cycled through shelters, hospitals, and police interactions without receiving consistent or adequate care.
During the defense’s case, we were given a glimpse of Jordan’s time in these facilities. Calling their expert witness to the stand, Dr. Alexander S. Bardey, MD a forensic psychologist. Dr. Bardey testified to Jordan’s medical history and the cause and effect of schizophrenia paired with self medication of K2/Spice (synthetic cannabinoid). A 50 page extraction of the alleged “thousands of medical records” was entered into evidence, 4 pages of which were shown to the jury and public.
“In these records, the defense attempted to blame the mental and physical state of Jordan (based on outdated records spanning from 2015-2021) for his own death at the hands of Daniel Penny. Framing Jordan as violent, odorous, scary, and unpredictable.”
In these records, the defense attempted to blame the mental and physical state of Jordan (based on outdated records spanning from 2015-2021) for his own death at the hands of Daniel Penny. Framing Jordan as violent, odorous, scary, and unpredictable. In these extractions from his many rotations through the failed NY Medical system, quotes from Jordan were also highlighted in which Jordan said “Tupac told me to change the world” and that he was scared someone was out to get him. When the medical scribe asked who Jordan thought was out to get him, he said “everyone in this hospital”.
On May 1, 2023, on a north bound F train, Jordan began “shouting” and “behaving erratically.” Witnesses reportedly said he claimed he was “hungry and tired of living without food.” Witnesses also stated that Jordan did not physically threaten anyone. Daniel Penny then proceeded to approach Jordan from behind, place him in a tight chokehold, and hold him down for several minutes while two other passengers assisted. Jordan struggled the entire time, until he fell unconscious and was later pronounced dead at a hospital.
“On May 1, 2023, on a north bound F train, Jordan began “shouting” and “behaving erratically.” Witnesses reportedly said he claimed he was “hungry and tired of living without food.” ”
The city medical examiner ruled his death a homicide caused by compression of the neck. While Penny argued that he acted in self-defense, the incident drew widespread condemnation, protests, and debates about the criminalization of homelessness and mental illness. Advocates criticized the failure of social systems that left Jordan vulnerable, ultimately leading to his murder.
A Legacy of Systemic Neglect
Daniel Penny walking in court.
Photo Credit: Alexa Wilkinson
To understand Jordan’s tragic death, one must examine the interconnected failures of the U.S. healthcare system, public housing policy, and the criminal justice apparatus. From 2015 to 2021, Jordan cycled in and out of New York City hospitals, where he was treated as an inconvenience rather than a patient in desperate need of care. Diagnosed with schizophrenia and battling drug addiction (K2), Jordan repeatedly expressed despair: “I’m sick and tired of being homeless,” he told hospital staff.
Yet the institutions tasked with helping individuals like Jordan fell tragically short. Instead of long-term treatment or housing placement, Jordan received the “revolving door” approach common in the American healthcare system. He was stabilized just enough to be discharged, only to land back on the streets—hungry, cold, and struggling to survive.
This is not an isolated case. The U.S. healthcare system routinely prioritizes crisis management over sustained care. For those battling mental illness or substance abuse—particularly if they are unhoused—the barriers to accessing adequate treatment are nearly insurmountable. Even when care is provided, it often comes without follow-up, leaving patients to fend for themselves in environments that exacerbate their conditions.
The Cruel Intersection of Homelessness and Healthcare
“From 2015 to 2021, Jordan cycled in and out of New York City hospitals, where he was treated as an inconvenience rather than a patient in desperate need of care. ”
Homelessness is both a cause and a consequence of inadequate healthcare. Without stable housing, managing chronic conditions becomes nearly impossible. Homeless individuals like Jordan Neely face stigma that dehumanizes them in the eyes of society and the medical community alike. They are not seen as people deserving of empathy but as “problems” to be moved along, ignored, or—too often—criminalized.
Photo Credit: SeastersJones
This dehumanization extends beyond Neely’s case. Just this evening, Luigi Mangione, 26, was arrested in Altoona, PA, as a suspect in the fatal shooting of United Healthcare CEO Brian Thompson. The act was allegedly motivated by frustrations with the insurance industry, amid speculation about denied claims related to Mangione’s back surgery. This juxtaposition is stark and cruel: a man who lashes out at a system profiting from widespread neglect is swiftly met with the full force of the law, while those responsible for the system’s failures face no accountability.
In Jordan’s case, this dehumanization reached its apex when his mental health struggles were weaponized during the trial. The defense painted him as a volatile threat, conveniently ignoring the systemic failures that had abandoned him long before his death. The public’s willingness to accept this narrative speaks volumes about societal perceptions of homelessness and mental illness.
The Role of Housing in Justice
“In Jordan’s case, this dehumanization reached its apex when his mental health struggles were weaponized during the trial. The defense painted him as a volatile threat, conveniently ignoring the systemic failures that had abandoned him long before his death.”
It is impossible to discuss Neely’s death without addressing the broader housing crisis in the U.S. Decades of underfunded public housing programs, rising rents, and a lack of affordable options have left millions without stable shelter. For Black Americans, who are disproportionately affected by homelessness, the situation is even more dire.
Had Neely been housed, his story might have been entirely different. Stable housing provides a foundation for addressing mental health issues, securing employment, and rebuilding one’s life. Instead, Neely was part of a growing population left to navigate a world that increasingly criminalizes their existence. Public spaces become their only refuge, and the consequences are fatal when they encounter individuals who view them as a threat rather than as fellow human beings.
A Justice System Rigged Against the Vulnerable
Daniel Penny’s acquittal sends a chilling message: in America, the lives of the homeless, mentally ill, and marginalized are expendable. The defense’s argument relied not only on demonizing Jordan, but also on appealing to a societal bias that views the unhoused as less deserving of life.
“Daniel Penny’s acquittal sends a chilling message: in America, the lives of the homeless, mentally ill, and marginalized are expendable. ”
But the justice system’s failure is only part of the equation. It is a reflection of larger systemic failures—healthcare policies that prioritize profit over people, housing policies that ignore the basic right to shelter, and a societal framework that devalues the lives of the most vulnerable.
Moving Forward: What Needs to Change
Jordan Neely’s story is not just a cautionary tale; it is a call to action. Addressing the root causes of tragedies like his requires:
Healthcare Reform: Expand access to mental health and substance abuse treatment, including long-term care options that prioritize stability over short-term fixes.
Affordable Housing: Invest in public housing programs and enforce protections for tenants to reduce evictions and homelessness.
Decriminalization of Poverty: Stop penalizing individuals for being unhoused, mentally ill, or in crisis. Redirect funding from punitive systems to support services.
Cultural Change: Combat stigma around homelessness and mental illness through education and media representation that humanizes, rather than vilifies, the vulnerable.
Photo Credit: Alexa Wilkinson
Jordan Neely’s death was preventable. The systems designed to protect him failed, and the justice system compounded that failure. His story and the juxtaposition of this case’s outcome to other murders like Jordan’s is a devastating reminder that in America, justice almost always depends on privilege and wealth.
Let us honor Jordan’s memory by demanding better—for him, and for everyone failed by these systems.
