Grand jury may get Jordan Neely death case next week as Manhattan DA faces pressure to charge Marine veteran, sources say
NEW YORK -- We know the NYPD and district attorney are investigating Jordan Neely's death, which has officially been deemed a homicide.
Sources tell CBS2 the case is expected to go before a grand jury next week to determine if criminal charges will be brought against the Marine veteran.
Most New Yorkers now know Neely as the man who was choked to death on the subway Monday. Some may have recognized him as the Michael Jackson impersonator on the platforms.
But to Neely's foster brother, who goes by "Queens," Neely was much more.
"Jordan was incredible," Queens told CBS2's Ali Bauman. "Jordan used the money that he made on the subway trains to pay for our haircuts, to pay for our laundry, to pay for our food because our foster care parents were not giving us those resources."
He joined hundreds of protesters Friday in Washington Square Park, calling for the arrest of the 24-year-old Marine veteran, identified by his attorney as Daniel Penny, who was seen on video choking Neely for nearly three minutes.
Hours after Neely died, Penny was questioned by police and released without charges.
On Wednesday, Neely's death was ruled a homicide. Days later, no charges have been brought against Penny.
His attorneys released the following statement Friday:
"We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely. Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
"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."
The attorney now representing Neely's family spoke to TMZ Live.
"Someone may use the word 'unhinged.' Well, who's really unhinged when you look at the end of this incident? It's the man who killed him. That's who's unhinged. That's who everyone should've been afraid of," attorney Lennon Edwards said.
"He personified Michael Jackson. He really brought that character to life," Lorenzo Laroc said.
Laroc was one of dozens who gathered outside the Manhattan district attorney's office Friday. Laroc, a musician, told CBS2 he worked with Neely for 20 years. He says Neely's Michael Jackson moves entertained New Yorkers underground for years.
"He was a professional artist who stopped traffic in New York City with his talent and his abilities. He brought love and joy to New York, and New York gave it back to him," Laroc said.
Watch Jennifer Bisram's report
Since his death, Neely's supporters have been rallying on subway platforms and city streets. They've been spray-painting Neely's name on sidewalks, and marking his name on subway walls, saying he didn't deserve to die.
They chanted "justice for Jordan" and "the system is the problem."
- Read more: Jordan Neely chokehold death: Legal experts Anna Cominsky, David Schwartz break down what's next
Police sources tell us Neely was homeless with dozens of prior arrests, but the attorney representing his family tells CBS2 he suffered from mental illness at a young age, since his mother was brutally murdered.
In 2007, Christie Neely's body was found stuffed inside a suitcase in the Bronx after she was allegedly choked to death.
"I know that him losing his mother, he never got over that," said Neely's friend Moses Harper. "Last time I saw him, he said he was going to try to get it together ... 2016, that's the last time I saw him, and he was homeless and I had never seen him like that."
"I want people to know Jordan was a good person. He was larger than life," said Robin Diaz, another friend.
Watch Zinnia Maldonado's report
Witnesses say he was begging for food before he died.
"I just feel like it was a tragedy," one person said.
"The city of New York failed Mr. Neely and they're failing him in death," said Chivona Newsome, of Black Lives Matter Greater New York.
"We could have mental health services. We could hire thousands of social workers here in this city to be able to actually help people," protester Rachel Hu said.
Hu says her brother was attacked by a mentally unstable person in the transit system six months ago.
"When my brother was attacked, I didn't say to myself oh, you know, how do I murder this man? I said, why is this happening? Why do we have to live this way?" she said.
We've also learned that the prosecutor handling the probe into Neely's death was also one of the lead attorneys in the DA's case against the Trump Organization last year.