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The death of a homeless man in New York City’s subway has brought the self-defense versus vigilantism argument front and center. 

The accused is a 24-year-old former Marine, Daniel J. Penny, who was identified by authorities for allegedly putting Jordan Neely, 30, in a chokehold after what police called an altercation.

Jordan was unconscious when the police arrived. And He was later pronounced dead in a local hospital.

Penny’s lawyers claim that he acted to protect himself and the other passengers on the train. 

The Raiser and Kenniff law firm also alleges that Neely had a history of violent and erratic behavior, resulting in multiple arrests. And the root cause was his untreated mental illness.

But the available video of the incident only shows the passengers subduing Neely. It does not reveal the actions attorneys claim led to the chokehold. And it has sparked a national debate, with people denouncing vigilantism.

Some politicians are also demanding officials do more to address the growing homelessness issue. Mental health and increasing violence on subways are also part of the conversation.

The debate is intensified by the fact that Neely, a subway busker who performed dance routines in costume as Michael Jackson, suffered from mental illness.

Penny’s lawyers claim Neely has a documented history of violent and erratic behavior. And the last incident would have resulted in violence if Penny had not stepped in.

 Attorneys for his family claim Neely was suffering from mental illness, which began when he witnessed the brutal murder of his mother at the age of 14.

Self-defense claim

According to Penny’s attorney’s statement, "For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways."

Manhattan District Attorney Alvin Bragg is expected to present the case to a grand jury for its consideration of possible charges, but the timing of when charges might materialize, or when the case would otherwise close without prosecution, was not clear.

Penny, a U.S. Marine veteran, served in the Marines between June 2017 and June 2021 in the 1st Battalion, 2nd Marines, and 2nd Marine Division. He rose to the rank of sergeant, and his last duty assignment was at Camp Lejeune in North Carolina. 

In a statement, a spokesman for the Marines said the service branch was aware of what happened on the train and would "cooperate with the agencies investigating this incident if asked."

The incident has raised a critical question when is it considered self-defense, and when does it become vigilantism?

 Self-defense is when people use force to protect themselves or others from immediate harm. At the same time, vigilantism is when a person takes the law into their own hands and punishes someone, they believe is guilty of a crime.

The line between self-defense and vigilantism can be blurry, and it can be challenging to distinguish between the two. In the case of the New York City subway incident, it is a matter for the court to decide. 

The statement by Penny’s lawyers, claims his intent was to protect himself and the passengers, and he did not intend to harm Neely.

The death of Jordan Neely raises many questions about the level of violence in society and the mental health crisis on the streets and subways. It also highlights the importance of understanding the difference between self-defense and vigilantism. And a New York jury will soon be convened to try and answer that question.