On Dec. 9, Daniel Penny, a former Marine, was acquitted of criminally negligent homicide in the death of Jordan Neely, a 30-year-old Black man who, reportedly, had been diagnosed with schizophrenia, was homeless, and had a history of mental illness. Penny strangled Penny in a chokehold on a New York City subway last year. Previously, a judge dismissed the charge of second-degree manslaughter to the lesser charge of criminally negligent homicide, which carried a lesser sentence.
The case raises questions about whether mental illness is conflated with criminality, further questioning the ethics of how mental illness is treated in America’s various systems, particularly the criminal justice system. Penny’s six-minute chokehold on Neely challenges ideas of reasonable and appropriate behavior in the eyes of the law when using force.
Whether minimal use of force to keep everyone safe was used in this case raises the ire of human rights activists. The concept of reasonable and appropriate behavior is subjective and can be influenced by biases, particularly when it comes to Black bodies. Studies have shown that Black individuals are disproportionately targeted and mistreated by law enforcement, leading to higher rates of incarceration and violence.
The decision to not charge Penny with criminally negligent homicide is a Pandora’s Box raising red flags regarding justice, socio-economics, class, race, and ableism. Scapegoating the disadvantaged is a trap door that pigeon-holes the mentally ill. The ethical question of whether some lives are disposable sits in the center of the debate and this is why there is a constant reminder that Black lives matter. It challenges the unspoken sentiment long held in internalized racist propaganda that some lives are inferior by default, often propped up by manufactured fear, and, as such, deserve to be taken.
Lack of sufficient care and stability is a vicious cycle that exacerbates vulnerability and exploitation. Biases, both explicit and implicit, interrupt humane and responsive care, in addition to a lack of resources. Neely’s death highlights the intersection between mental illness and the law. Was this a matter of racialized fear or a legitimate concern for everyone else’s safety? Moreover, was Neely himself not deserving of safety because he exhibited mental illness? Where was the tangible threat of violence? The failure to provide adequate support and resources for individuals with mental illness is catastrophic.
Then there is the question of causation and whether the chokehold is what truly caused Neely’s death. Though a New York City medical examiner deemed Neely’s death was caused by the chokehold in 2023, according to NBC news, Penny’s legal team hired a forensic pathologist who concluded that the death was caused by the “combined effects of multiple factors.”
Figures like Dr. Cornel West, Angela Davis, and Michelle Alexander have highlighted the need for a more compassionate and fair approach to mental health and criminal justice. They have called for increased funding for mental health services, training for law enforcement officers, and the implementation of diversion programs for individuals with mental illness.
Moving forward, it is essential that we continue to advocate for the rights and welfare of individuals with mental health problems. A compassionate and equitable system that recognizes the humanity and dignity of all individuals, regardless of their mental health status is paramount.
For information on where to find mental health services, please visit the Spokane County Services Website at spokanecounty.org/4233/Mental-Health-Treatment-Services.