Top Democrats split on subway death

Presented by NY Renews, a project of Tides Advocacy

Gov. Kathy Hochul stood in Inwood with New York City Mayor Eric Adams, community leaders and district attorneys just two days ago, heralding Democrats for coming together to address public safety, holistically.

That unity is already being tested as they diverge in reactions to compounding outrage over the subway killing of a man who was choked to death by another rider.

On Monday, 30-year-old Jordan Neely, who is Black, was reported to have been acting erratically on an F train when he was put into a chokehold by a 24-year old white passenger. His death was ruled a homicide, and Manhattan District Attorney Alvin Bragg is investigating. The passenger, a former Marine, has not been charged.

Hochul condemned the killing as “horrific” yesterday (after a confusing response on Wednesday that suggested “consequences for behavior”). It was clear that Neely was not going to cause harm to other passengers, Hochul said, and “his family deserves justice” through a thorough investigation.

Left-leaning elected officials such as Rep. Alexandria Ocasio-Cortez and city Comptroller Brad Lander said that Neely — known for his Michael Jackson impersonations on subways and platforms as early as 2009 — was suffering from long-held trauma and was a victim of failed city health care and housing systems.

But Adams, who was once a transit cop during his career with the NYPD, has resisted condemnation and said everyone should reserve judgment until more facts are known.

“We cannot just blatantly say what a passenger should or should not do in a situation like that,” he said, of the man who choked Neely to death.

The homicide touches on mental health, subway safety and homelessness — as well as the double standards people of color face in each of those arenas. They are issues the state party has tried with varied success to address as a single voice amid attacks from both Republicans and internal factions. And Bragg is now somewhat caught in the middle.

Adams is more moderate than Bragg, who was elected as a progressive, but he has been a strong ally of the prosecutor. His deference to the process gives Bragg some political cover during an investigation, even as pressure builds to bring charges.

“All the other electeds have a role to play, and I have a role to play,” Adams told reporters Thursday. “The police are doing their investigation, and the district attorney is doing his investigation. And I respect the process.”

IT’S FRIDAY. Got tips, suggestions or thoughts? Let us know ... By email: [email protected] or on Twitter: @annagronewold

WHERE’S KATHY? In New York City for a regional planning panel with New Jersey Gov. Phil Murphy and Connecticut Gov. Ned Lamont.

WHERE’S ERIC? Speaking at the funeral service for NYPD Detective Troy D. Patterson and later delivering remarks at a flag-raising ceremony for Mexico.

What City Hall's reading

“Jordan Neely death: What charges could prosecutors bring?,” by WNYC’s Jon Campbell: “Catherine Christian, a private lawyer who spent 30 years in the Manhattan District Attorney’s Office, said the video evidence at this point would not support a murder charge, which under New York law requires the offender to show an intent to kill. Instead, she said, prosecutors could consider second-degree manslaughter — which applies when someone ‘recklessly’ causes a death — or criminally negligent homicide, a lower level felony.

“In either case, prosecutors would have to show the individuals who choked and restrained Neely didn’t have legal justification to do so — basically, that they weren’t reasonably acting in self defense, Christian added. ‘That law is very friendly to a criminal defendant because it makes the prosecutor prove beyond a reasonable doubt that the defendant was not justified,’ she said.”

— “‘People need to stop being scared and stand up’: NYC commuters react to Jordan Neely’s death,” by WNYC’s Catalina Gonella

— “Doctors Have Long Warned That Chokeholds Are Deadly,” by The New York Times’ Gina Kolata

— ABC7 Eyewitness News: “How should you react if there is a person in distress on the subway?”

“Mayor Adams Says He Was Given a Divine Message: ‘Talk About God,’” by The New York Times’ Dana Rubenstein: “On Thursday, the mayor proclaimed the day to be the ‘New York City Day of Prayer,’ delivering a proclamation to that effect to the Rev. A.R. Bernard, the political power broker who founded the congregation in 1978. ‘He wanted to show us all a perfectly imperfect person can rise to the highest political power in a city in the most powerful country,’ Mr. Adams said, referring to God. There is little doubt that Mr. Adams believes he is speaking to his base, and in the delivery of his speech on Thursday Mr. Adams seemed at ease.”

“NYC Schools Handcuff and Haul Away Kids in Emotional Crisis,” by THE CITY’s Abigail Kramer: “New York City officials have promised for years to stop relying on police to respond to students in emotional crisis. Under the terms of a 2014 legal settlement, schools are only supposed to call 911 in the most extreme situations, when kids pose an ‘imminent and substantial risk of serious injury’ to themselves or others. And yet an investigation by THE CITY and ProPublica found that city schools continue to call on safety agents and other police officers to manage students in distress thousands of times each year — incidents the NYPD calls “child in crisis” interventions.”

“Andy King ordered back on the ballot for Bronx City Council race,” by City & State’s Jeff Coltin: “Former New York City Council Member Andy King is back on the ballot – term limits be damned. King was expelled from the City Council in 2020 after the council’s Standards and Ethics Committee found he harassed staff, took a $2,000 kickback from an aide and ignored the council’s previous sanctions.”

WHAT ALBANY'S READING

“Gov. Hochul didn’t check resume of ex-advisor Adam Sullivan — who lost previous job over sex harassment allegations,” by New York Post’s Zach Williams and Kevin Sheehan: “Gov. Kathy Hochul says she hired disgraced political advisor Adam Sullivan without bothering to ask about a previous job he lost in 2017 over sexual harassment allegations – a job she recommended him for. ‘He worked as a manager on my [2011 congressional campaign] so I knew him back in that environment. So, to then think I have to ask for a resume and go through a whole new process later for campaigns, that wasn’t what I was doing,’ she told The Post.”

“Anthony Annucci’s Ten-Year Temp Job,” by New York Focus’ Rebecca McCray: “With the highest role in the state prison system, Annucci manages a budget of more than $3 billion, oversees the state’s 44 prisons, and governs the lives of more than 30,000 incarcerated people and over 20,000 more on parole. Yet he’s never been confirmed by the state Senate. Despite its duration, his role is, technically, temporary. Someone locked up in Annucci’s prison system is now trying to remove him on these grounds. Jeremy Zielinski, a man incarcerated at Woodbourne Correctional Facility, sued Annucci, Governor Kathy Hochul, and Senate Majority Leader Andrea Stewart-Cousins last fall, arguing that Annucci’s status violates state law and seeking an injunction to oust him.”

“New York’s comptroller: Parts of state budget lack transparency,” by Spectrum News’ Nick Reisman: “Question marks remain for New York’s finances as federal pandemic aid is set to conclude and a potential economic downturn looms, Comptroller Tom DiNapoli said in a statement on Wednesday.

“AGs open investigation into NFL treatment of female employees, by The Hill’s Julia Shapero: “The attorneys general of California and New York have opened an investigation into the National Football League (NFL) over allegations of employment discrimination and a hostile work environment by former female employees. New York Attorney General Letitia James (D) and California Attorney General Rob Bonta (D) said Thursday that they had issued subpoenas to the NFL and are seeking information about alleged gender pay disparities, harassment, and gender and race discrimination.”

#UpstateAmerica: Deer harvest was up by 10 percent to roughly 231,961 deer during the 2022 hunting seasons, DEC said, thanks in part to recovering populations.

FROM THE DELEGATION

“Candidates line up to challenge Rep. George Santos in 2024,” by Spectrum News’ Kevin Frey: “Among the declared candidates is a GOP primary challenger: Kellen Curry, a veteran who later worked for JP Morgan. ‘I am everything that he wants to be,’ Curry said of Santos.”

TRUMP'S NEW YORK

In Trump rape trial, both sides rest their cases, by POLITICO’s Erica Orden: E. Jean Carroll called 11 witnesses since the trial started last Tuesday. Trump’s lawyers called none, and his lawyer said the former president waived his right to testify. But while playing golf in Ireland on Thursday, Trump told reporters he intended to return to the U.S. to “confront” Carroll at the trial. Trump’s surprise declaration prompted U.S. District Judge Lewis Kaplan, in the final moments of Thursday’s court proceeding, to grant Trump until Sunday evening to tell the court if he wants to testify in his own defense, a step that would require the judge to permit him to re-open his case.

“Trump Will Seek to Move Manhattan Hush-Money Trial to Federal Court,” by The New York Times’ Ben Protess, Jonah E. Bromwich, and William K. Rashbaum: “Donald J. Trump is seeking to move his criminal case from New York State Supreme Court to federal court, one of his lawyers said on Thursday. One month after appearing in a Manhattan courtroom, where state prosecutors accused him of committing 34 felonies by falsifying documents to cover up a potential sex scandal, Mr. Trump will soon seek the legal change of scenery in a court filing. The former president’s legal team will submit the so-called notice of removal in federal court in Manhattan, where a judge will then consider the request.”

AROUND NEW YORK

— A state Supreme Court justice rejected Kevin D. Monahan’s request for bail in the shooting death of 20-year-old Kaylin Gillis, who was killed after accidentally turning into his driveway.

— Ten of the required 12 jurors have been seated in the Schoharie limousine crash trial.

— New York will expand the use of body-scanning devices in correctional facilities to state employees, as well as anyone who is visiting someone serving a sentence or those who are in custody.

— A Manhattan jury found that singer Ed Sheeran did not engage in willful copyright infringement involving his song “Thinking Out Loud” and Marvin Gaye’s “Let’s Get It On.”

— New York higher ed leaders are celebrating the state budget deal as “transformational.”

SOCIAL DATA BY DANIEL LIPPMAN

HAPPY BIRTHDAY: Mark McKinnon of Showtime’s “The Circus” … ABC’s Rachel Scott … Treasury’s Jenna Valle-Riestra … Brian Williams … NBC’s Diana Paulsen … AP’s David Sharp … Morgan Pehme … Axios’ Ryan Heath … Mike Dorning of Bloomberg News

Real Estate

“Suburbs ready to pitch in on housing,” by Crain’s New York’s Eddie Small: “The suburbs’ reputation for opposing new developments is well earned, and the failure of Hochul’s housing compact demonstrates that the resistance remains strong despite broad agreement that the region’s housing production has not kept pace with its population growth in recent years. But the opposition is not and never has been universal, and the housing compact’s being left out of the budget does not mean the end of pushing for more homes in the suburbs. Pro-housing groups such as the Westchester County Association and Long Island Housing Services are now settling in for what they always expected to be a long road ahead.”

“What Record Office Vacancies Mean for New York City’s Economy,” by The New York Times’ Matthew Haag: “The amount of office space available for lease in Manhattan climbed to a record high during the first four months of 2023, according to the real estate firm Colliers.”