Posted on December 27, 2024 by Will Watts As I read the news about the verdict in the Daniel Penny trial, an all too familiar feeling emerged – a feeling of the failure of yet another system to recognize that my life and those of other Black men matter. But this time that feeling was more intense as the verdict validates not only unfounded beliefs that Black men and those who are mentally ill should be feared, it also sanctions public killings when that individual is crying out for HELP. Some may take issue with the fact that I’m framing this in terms of race, but as one of my law school professors always said, “race matters,” and to suggest otherwise fails to fully appreciate what led to Jordan being homeless in the first place, to Penny feeling justified in snuffing out his life, and to the jurors returning a unanimous not guilty verdict. At the time Jordan was killed, Blacks constituted 44 percent of New York City’s sheltered homeless population compared to 23 percent of the citywide population. Such numbers are consistent with homeless statistics across the country and highlight the deep impact of systemic racism and lack of affordable housing for those who need it most. But Jordan’s extended experience with homelessness is not simply a reflection of society’s failure generally to address disparities in access to housing, healthcare, education, and other systems. It is also an outcome of the City’s own failure to care for him after his mother was brutally murdered when he was only 14 years old. As he grew into an adult and developed a serious mental illness, our City continued to fail him by cycling him in and out of shelters and medical facilities, and together with the State, failed to provide him with the treatment he needed. When he ultimately found himself on our streets, the City still failed to provide Jordan with the voluntary treatment and supportive housing that could have sustained his life. Certainly, the City was fully aware of his needs given his placement on the City’s Top 50 list of homeless individuals. But, as with so many other individuals we encounter every day at Coalition for the Homeless, those needs remained unmet. Race was equally front and center on the F train on May 1, 2023. From the evidence presented at Penny’s trial, Jordan Neely did not assault anyone on the subway or brandish anything that could be perceived as a weapon. Yet, witnesses on the train portrayed him as “threatening” or “menacing.” Since the cameras weren’t running when Jordan entered the train and expressed his need for food, water or rest, we cannot verify whether Jordan did anything beyond making people feel uncomfortable. Even so, I know first-hand that, as a Black man you are commonly perceived as a threat until proven otherwise. This has been the case for countless Black boys and men like Emmett Till, Trayvon Martin, and Ahmaud Arbery who, like Neely, died at the hand of civilians. Coupled with this characterization of Jordan as threatening, Penny, just minutes after the incident, further referred to Jordan as a “crackhead,” a word that some have used as a racial slur and, in any case, demonstrates Penny’s failure to recognize Jordan’s humanity. From there, the involvement of the criminal justice system invoked its longstanding issues of racial bias and inequities. The public began to see Jordan as someone with previous arrests for fare evasion, theft, and assault instead of a victim of both his mother’s murder when he was a child and his own death at the hands of Penny. Stories of him as a Michael Jackson impersonator, friend, and son were often coupled with stereotypes of dangerous mentally ill individuals on our subways. At the same time, Penny, a young white man, was not even arrested until ten days after Neely’s death, despite the numerous witnesses and viral video footage. As the trial unfolded, race again was injected as a possible explanation for Jordan’s death through assertions that his sickle cell trait contributed to his death as opposed to six minutes of being strangled by a U.S. Marine with extensive training in chokeholds and other techniques. While race certainly played a role in Jordan’s death, it was not the proximate cause of his death. Penny’s actions were. Now, given Penny’s acquittal, Black lives have been further devalued and those who are homeless and experiencing mental health episodes are at greater risk of simply being killed instead of treated. A stated mission of the New York Court is “to deliver equal justice under the law.” But those of us who work closely with homeless individuals know this is not the case for everyone. We know that Jordan’s life mattered, that Black Lives Matter, and that the lives of people without homes matter. We mourn Jordan’s loss. We must do better for Jordan and for the tens of thousands of individuals who are forced to survive without homes in our City every day. In failing to only see Jordan as a Black man, as a homeless man, as someone with mental health challenges, we failed Jordan in life and death. As a result of his story, we must commit to do everything we can to not let that everlasting injustice be his legacy. In Jordan’s name, we must do better.
