Subway chokehold victim Jordan Neely was ‘self-medicating’ with K2 before his death

Jordan Neely self-medicated with K2 to treat his depression following his mother’s death when he choked to death on a New York City subway, his uncle claimed as he called for officials to arrest him.

Christopher Neely, 44, revealed his cousin’s reliance on the synthetic weed known as Spice while criticizing New York law enforcement for releasing Daniel Penny.

Penny, 24, is the US Navy veteran who was identified as the person who fatally suffocated Neely in Monday’s incident.

He joined public officials and civil rights activists in calling for the arrest of at least three people for what he called a “gang murder” of his cousin, who he said would only get help if people called the police.

Daniel Penny, 24, has not been charged with any crime in connection with Neely’s death, but broke his silence on Friday by claiming he acted in self-defense and that he ‘never intended to harm the former Michael Jackson impersonator’ .

Multiple reports suggest that Manhattan DA Alvin Bragg may convene a grand jury and pursue criminal charges as early as next week.

Penny’s release has outraged many, including Neely’s uncle who told The New York Post that the drugs were a way of coping with his grief.

“When he lost his mother, my sister, it was heartbreaking for him,” he said. “He got into K2 and drugs, which was his way of healing himself.”

Neely said he didn’t know if his cousin was on any other drugs besides K2.

“He was back and forth on the medication. Jordan was really on the street – he didn’t want help. The only time he would get help was when people would call the police. Mental health care is terrible.’

Witnesses said Neely, who family members said was schizophrenic, was behaving erratically around 2:30pm Monday, throwing garbage and yelling that he wanted to “die” or “go to jail” because he was tired of not having food.

Video footage shows Penny with Neely in the chokehold. For two minutes and five seconds, Neely struggled to the floor, swinging his feet. He went limp at two minutes and six seconds.

The police took Penny into custody. But he was later released and has not been charged.

“Why would you release someone who just strangled someone?” he told The Post on Friday.

“The Marine should never have been released,” he added. “That was a slap in the face to all of Jordan’s family and loved ones.

“The Good Samaritan laws should not be a license to kill the homeless.”

But Neely said Penny isn’t the only one who should be arrested. He also called for the arrest of the two other people seen in the video footage.

“Three men killed Jordan, not just the Marine. It was a gang murder — full stop,” Neely said, adding that his cousin “got jumped on by three thugs.”

“The Marine strangled Jordan to death, but the other two men held my cousin’s hands as he tried to break free from the chokehold,” he continued.

“They were all assailants in this murder and should all be charged.”

In the statement, Penny’s lawyers say the Long Island resident “could not have foreseen” [Neely’s] premature death.’ It also said that Penny was merely trying to restrain Neely, who was accused of being a disruptive aboard an F train, until police arrived.

Neely’s lawyers also took aim at “elected officials” calling on them to “address the mental health crisis in our streets on subways.”

Penny’s attorney is Thomas Kenniff, the former Manhattan Republican district attorney nominee who unsuccessfully ran against Bragg in 2021. Leftist Democratic congresswoman Alexandria Ocasio-Cortez called Neely’s death a “murder” earlier this week.

“Earlier this week, Daniel Penny was involved in a tragic incident on the NYC Subway that ended in the death of Jordan Neely. First of all, we would like to express our condolences on behalf of Daniel Penny to Mr. Neely’s loved ones,” the press release begins.

Mr. Neely had a documented history of violent and erratic behavior, the apparent result of a persistent 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 himself, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.’

“For too long, people with mental illness have been treated indifferently. We hope that out of this terrible tragedy comes a new commitment from our elected officials to address the mental health crisis on our streets and subways,” it concluded.

The statement was issued Friday night through the law firm of Raiser and Kenniff. Neely’s death occurred on Monday.

It is not known when the grand jury will be convened nor what charges District Attorney Alvin Bragg is likely to file.

According to a separate report by ABC New York, the case is likely to be heard as early as next week. The man who put Neely in the chokehold was previously named as Penny, 24, of Long Island, New York.

The ABC report notes that it is “typical” for prosecutors to take their time in complex cases before summoning the jury.

Detectives on the case have spoken to about six witnesses who saw the outage and are trying to talk to about four or five more.

Penny is questioned by the police and released. According to reports, he said he had no intention of killing Neely and had tried to restrain him until the police arrived.