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

The prosecutor has said the man Williams stabbed struck him one or two times first. Witnesses have said the man Penny choked hadn’t touched anyone and made verbal threats.

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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