Daniel Penny and Jordan Williams are accused in fatal subway killings. The cases have little in common

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Jordan Williams’ arrest for killing a man who he says attacked him on a New York City train last week prompted almost immediate comparisons to the case of Daniel Penny, the white subway rider who fatally choked a Black man last month. 

Both cases involved the death of subway riders at the hands of another commuter. Suspects in both cases contend they responded to a threat. But the known facts of the two cases indicate that the similarities end there.

Here’s a look at both cases according to published accounts.

• Circumstances
  • Penny
    • May 1, Jordan Neely allegedly yelled at passengers on the train, and witnesses on the subway described his behavior as “hostile and erratic.”
    • The New York Times reported that Neely declared loudly, “I don’t have food, I don’t have a drink, I’m fed up. I don’t mind going to jail and getting life in prison. I’m ready to die.” 
    • Jordan Neely did not touch or harm anyone on the train.
    • Neely did not interact directly with Penny.
  • Williams
    • June 13, Devictor Ouedraogo allegedly verbally harassed several passengers on the train and placed one man in a brief chokehold, Williams told a New York magazine.
    • Williams said Ouedraogo eventually approached him and his girlfriend. Williams told him to go away, and Ouedraogo responded by punching him in the face and neck, he told the magazine.

• Fatal interactions
  • Penny
    • Neely did not interact directly with Penny.
    • Penny, a trained U.S. Marine, approached Neely from behind, placed him in a chokehold and held him in that restraint for several minutes.
    • In a video Penny’s attorneys released, Penny says, “I had to act and I acted in a way that would protect the other passengers, protect myself and protect Mr. Neely.” 
    • Neely was unconscious when emergency medical services arrived, and that team was not able to revive him.
    • A New York medical examiner ruled that Neely died from “compression of neck (chokehold)”
  • Williams
    • Williams said Ouedraogo punched him twice. Williams used a knife in his pocket to stab Ouedraogo once in the chest, and Williams’ girlfriend threw her cup of juice in his face, he told the magazine.
    • Williams said Ouedraogo began swinging at his girlfriend and knocked out one of her earrings before he stumbled off the train.
    • New York police officers found Ouedraogo with a stab wound, lying on a subway platform. He was taken to a hospital where he died.

• Criminal cases
  • Penny
    • Authorities didn’t arrest Penny on the day of the attack and did not release his name right away. 
    • After an investigation, prosecutors charged Penny with second-degree manslaughter on May 11, 10 days after Neely’s death.
    • New York criminal code defines second-degree manslaughter as recklessly causing the death of another person. That crime carries a maximum of 15 years in prison.
    • Penny turned himself in on May 12, 11 days after he killed Neely. He paid a $100,000 custody bond to be released that day.
    • A grand jury indicted Penny on June 14. 
  • Williams
    • The police arrested Williams the day after he stabbed Ouedraogo, and he spent one night in jail.
    • Prosecutors charged Williams with manslaughter and criminal possession of a weapon.
    • New York criminal code defines manslaughter as intending to cause serious harm to another person and the result is death. That crime carries a maximum sentence of 25 years. The weapons charge has a maximum sentence of one year. 
    • New York police officers found Ouedraogo with a stab wound, lying on a subway platform. He was taken to a hospital where he died.
    • Prosecutors asked for $100,000 bail, but the judge declined and released Williams without bail.

Penny’s next court appearance is June 28. Williams is scheduled to be back in court on Aug. 2.

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