Officers did not perform mouth-to-mouth on Jordan Neely, who still had a pulse, following the incident last year on the New York City subway car concerning former U.S. Marine Daniel Penny.
Penny restrained Neely, a troubled man with a lengthy criminal record and a history of mental health issues, after Neely allegedly threatened passengers. The 25-year-old has since been controversially charged with second-degree manslaughter and criminally negligent homicide in Neely’s death and is facing up to 19 years behind bars if convicted on both counts.
It was revealed in court that Neely was still alive when officers arrived on the scene and that he was administered Narcan, a drug used to reverse opioid overdoses. Moreover, jurors learned that, as a safety precaution, officers did not give Neely mouth-to-mouth because Neely looked dirty and disease-ridden.
“He was an apparent drug user and he was very dirty,” NYPD Sgt. Carl Johnson testified, according to the New York Post. “I didn’t want my officers to put their lips on his mouth. They could get hepatitis or AIDS … chest compressions would be enough to get him awake.”
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Pressed by Penny’s attorney Thomas Kenniff about why only chest compressions were administered, Johnson reportedly said he “didn’t have a mask to wear to protect himself from potentially being infected by any ‘number of diseases,’” a Daily Mail report said.
“There’s a certain line where you have to protect your officer,” Johnson told the court. “Look at 9/11. I wouldn’t want one of my officers getting sick from this.”
If Neely did wake up, the sergeant explained, “he would have been vomiting.”
“I didn’t want my officers to do that,” Johnson said. “He was filthy. He looked like a homeless individual. You have to protect your officer. I wouldn’t want my officer to get sick if the person throws up.”
Notably, a synthetic cannabinoid called K2 was found in Neely’s system, according to a toxicology report ordered by the prosecution.
Kenniff, Penny’s attorney, spoke to The Daily Wire last month and said this would likely be disclosed by the state.
“I don’t think it would be a smart tactical move for the prosecution to try to hide it,” Kenniff said. “So I think it’s coming out one way or another. I think it’s gonna come out through the government’s case, but certainly, that is going to be part of what the defense will point to [as one of] many other factors to describe the [circumstances].”
“It’s very important that the jury be aware of that drug in Mr. Neely’s system, and the effects of that drug, because it affects behaviors, particularly when Mr. Neely was likely in a psychotic episode to begin with, which he has a history of,” the attorney added. “It’s going to affect how threatening Neely appeared.”
Use of K2, sometimes referred to a “spice,” has been linked to psychosis.
Related: EXCLUSIVE: Daniel Penny’s Lawyer Talks Strategy Ahead Of Chokehold Death Case
