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ABC News
ABC News
5 May 2023
ABC News


The case involving the death of a homeless man on a New York City subway is likely headed to a grand jury next week, law enforcement sources said.

The investigation into John Neely's death is ongoing. A grand jury would determine whether criminal charges are warranted, according to the sources.

Detectives have interviewed more than six witnesses and are still looking to talk to several more.

PHOTO: New York police officers respond to the scene where a fight was reported on a subway train, May 1, 2023, in New York.
New York police officers respond to the scene where a fight was reported on a subway train, May 1, 2023, in New York.
Paul Martinka/AP

Neely, a homeless man, was killed by another New York City subway passenger who held him in a chokehold for several minutes, according to witnesses and police. Neely had allegedly been yelling before being subdued by the other passenger, police said. The man seen restraining Neely told police he was not trying to kill Neely.

Police confirmed Neely lost consciousness after the physical struggle. Neely was rushed to Lenox Hill Hospital, where he was pronounced dead.

Neely's death has been ruled a homicide by the medical examiner's office. The 24-year-old involved in the incident has not been charged.

PHOTO: JJordan Neely is pictured before going to see the Michael Jackson movie, 'This is It' outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York, in 2009.
Jordan Neely is pictured before going to see the Michael Jackson movie, 'This is It' outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York, in 2009.
New York Daily News/TNS/Getty Images, FILE

According to police sources, Neely had a documented mental health history. He had been arrested more than 40 times prior for assault, disorderly conduct and fare evasion.

The NYPD has issued a call for public help as investigators review video footage and other material, urging anyone who saw or has any information about this matter to contact Crime Stoppers at 1-800-577-TIPS (8477) or for Spanish, 1-888-57-PISTA (74782).

The Manhattan DA's office encourages anyone who witnessed the incident or might have information to also call 212-335-9040.