Experts claim the 'system' failed everyone on train when Daniel Penny put Jordan Neely in a chokehold
MANHATTAN, NEW YORK: The chokehold death of a 30-year-old homeless man Jordan Neely on the New York City subway by US Marine Corps veteran Daniel Penny on May 1 led to protests and people demanding justice for Neely. Jane Stapleton, Executive Director of Practice at the Prevention Innovations Research Center, University of New Hampshire, said, “The system obviously failed [Neely], but in some ways, it failed all of the people who were on that train. Many people were probably desensitized: 'Here's just another homeless guy'.”
According to DailyNews, Neely was on an F train which was heading towards the Broadway-Lafayette stop when he started behaving erratically around 2.30 pm on May 1. He started yelling and throwing garbage at passengers, which led to an argument with the 24-year-old ex-Marine. The argument turned into a brawl as the train entered the station. During the fight, the ex-Marine put the victim in a chokehold and tried to restrain him. Video of the brawl was posted online by a freelance journalist named Juan Alberto Vazquez which showed another passenger pinning Neely’s arms while one more person held his shoulder. Emergency responders and police arrived after the train stopped at a station. Neely was rushed to Lenox Hill Hospital and was pronounced dead shortly after, following which his death was ruled a homicide caused by compression of the neck, reports DailyMail.
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'Possibility of over-response or macho response'
Commenting on Penny's use of a chokehold on Neely, Alan Berkowitz, a licensed psychologist who conducts bystander intervention training and who is the author of 'Response-Ability: A Complete Guide to Bystander Intervention', said, "There is a possibility of an over-response or a macho response. It could be in some cases force is required, but those cases are a minority. When force is required, it should be the minimum necessary amount." Berkowitz further added, "Maybe the fact that this person was an ex-Marine gave them the courage to step in when others weren't willing. But it also maybe gave them the propensity to overreact or step in in a way that was overly strong," states Insider.
As per the outlet, one bystander warned Penny about the force of the chokehold, warning him, "You're going to kill him." Berkowitz reacted by saying, "The rest of the observers may have thought the situation was being taken care of and they didn't feel like they had to do something because someone else jumped in. But the person most likely to jump in quickly might not be the person who is going to jump in in the most effective way."
Four stages in bystander intervention
In bystander intervention training, Berkowitz explained there are four stages to try and execute a successful outcome. First, notice the event; second, assess whether it is a problem. Then third, feel responsible for dealing with it, and last, have the skills to act. Stapleton, who serves as president of Soteria Solutions, a nonprofit organization that creates safe spaces, said, "How this Marine responded was very physical. It was an extreme." While Berkowitz commented, "It's possible that a helpful, caring, compassionate response could have de-escalated the situation."
Is Daniel Penny arrested?
No arrests have been made so far in Neely's death, who was a former Michael Jackson imitator and street performer, but legal experts suggest there could still be charges in the case. Joseph Giacalone, a professor of criminal justice at John Jay College, previously said that the possibility of criminal charges against Penny will be determined by the authorities after determining whether keeping Neely in a chokehold for several minutes went “too far.” Giacalone said, “You cut off someone’s oxygen supply for that long, and you could cause serious injury or death," as previously reported. Giacalone said he believed the video showing Neely being placed in the chokehold could make authorities consider a manslaughter or negligent homicide charge.