The Murder of Jordan Neely

Any true New Yorker knew who he was: a lean and beatific dancer who you would see around Times Square mimicking Michael Jackson’s moonwalk. He built up a graceful and resplendent performance from a well-known repertoire that Neely owned with his supple and silent dignity. Even if you were in a rush to get somewhere, you’d still need a minute to quietly collect your jaw from the ground after catching the blurs of his flying feet in your peripheral vision. If you were really lucky, you’d be able to see Neely bust out his steps on a subway car barreling between stations, watching him somehow sustain his center of gravity as the train swayed and careened and buckled. All this made him much more than a casual showtime busker hustling for a few bucks. He epitomized the true spirit of this city. And he deserved to live.

Tourists adored him. Gothamites respected him. There is no known method of quantifying the smiles he put on so many faces, but the tally surely must reach into six figures.

What few people knew about Neely — and the sad and enraging thing about this goddamned barbaric business is that it took a murderous Marine with a sick smirk and a passion for chokeholding for us to really know — was that the man was significantly troubled. He was betrayed by a heartless and broken system that left him for dead and that looked the other way as he lived with his pain. It was a pain that broke him. The emotional burden of living with hard and cruel knocks that all New Yorkers know, but that, without resources, becomes an abyss that is almost impossible to climb out from. A pain that had him screaming at the top of his lungs in a subway car on the first night of May, telling anyone who would listen that he was hungry and that he didn’t care and that he wanted to die. The trauma involving his mother being taken from him by a killer who was so cold that he packed her corpse into a suitcase. A pain that involved forty arrests for disorderly conduct, fare evasion, and assault.

But on Monday night on the subway, Neely was loud but not violent. He was a soul screaming for help. Help that he would never receive. Because the American experiment had rendered him invisible. And that’s when Daniel Penny, an unremarkable blond-haired thug from West Islip on his way to a date, decided to stub out this promising yet troubled light. Penny put Nelly into a chokehold for fifteen minutes. I called a friend trained in hand-to-hand combat, who informed me that you never put someone in a chokehold unless you plan to do serious business to a man. And with this disturbing intelligence, I can only conclude that Penny really wanted to kill a spirit that he savagely and sociopathically considered to be a nuisance. Penny was white. Neely was Black. So he also had that to his advantage.

But Penny also had the American climate in his favor. When a homeless man begs for help in a major metropolitan area, most Americans look the other way. When it comes to mass shootings, we offer “thoughts and prayers” instead of making legislative solutions happen. Lacking a pistol, Penny had his homicidal hands as well as two unidentified aides-de-camp holding Penny’s body down. He also had a scumbag “freelance journalist” by the name of Juan Alberto Vazquez, who never put his camera down even as Neely’s legs stopped twitching. “I witnessed a murder on the Manhattan subway today (there’s video!),” wrote Vazquez on Facebook while caught in the immediate afterglow that a used car salesman feels just after selling a lemon to some gullible mark.

In a just world, the murder of Jordan Neely would stain our city and our culture as much as the Kitty Genovese incident in 1964. It would shame us into actually doing something about it. But we don’t. Instead, we tell people to fend for themselves, accuse the indigent of being lazy and not looking for work, and we reduce SNAP benefits and cut homeless programs instead of putting everything we have into helping the most marginalized members of our society. We endure a colossally stupid and wildly arrogant mayor — the most insipid motherfucker we’ve ever had sitting adjacent to Park Row, a crooked former cop who has deluded himself into believing that he’s “the Biden of Brooklyn” — who has placed a substantive amount of the city’s money into cops — including a projected $740 million in NYPD overtime last year — rather than libraries and parks and affordable housing and mental health services and pretty much any program that would arguably reduce crime more effectively than broken windows bullshit. What was this putzbrained dunce’s remarks after the murder? “Any loss of life is tragic.” “There were serious mental health issues at play.” Followed by self-aggrandizing lies about his administration’s “large investments” in mental health. Which includes, for those not paying attention, authorizing his boys in blue, who aren’t trained to deal with those enduring a mental health crisis, to arrest anyone they deem to be fitting the profile.

Daniel Penny killed Jordan Neely. And he was not arrested. And his name was kept out of the newspapers for three days. Neely didn’t have that privilege.

What makes the Jordan Neely murder so unsettling is how it is the perfect amalgam of problems that our politicians refuse to tackle: racism, white privilege, the mental health epidemic, casual vigilantism, and, of course, the American bloodlust for violence. Republicans and Democrats have badly fumbled the football on these systemic ills and they choose to perceive this tableau of endless suffering as a game rather than a series of events that destroy and even end human lives. In these trying times, anyone with a moral conscience should be seriously considering hitting the reset switch and starting over, letting all these incompetent bastards pay the price in every election across the land. Because if this is who we are and this is what we now casually accept until the next tragedy happens, it’s clear that the status quo isn’t working. We are capable of building something better than this hideous funhouse of endless anguish, but we refuse to learn from France and revolt against these cruel and vainglorious aristocrats until they feel the palpable reality of losing political power.

The Maskless Run Amuck in Fort Lauderdale

They’ve thrown temper tantrums in stores. They’ve congregated in indoor rallies while donning red MAGA caps. Even when people among them die — such as the late Herman Cain weeks after Tulsa — they insist that the COVID protection is all a conspiracy — even after every scientific authority has insisted that the mask is the best way to protect yourself and others against the virus. They believe that any edict urging them to wear a facemask during a pandemic is an assault on their basic freedom.

So it was only a matter of time before they would start hitting the big box stores, adopting the ancient flashmob format — the finest social gathering format that 2005 had to offer.

A video of maskless demonstrators running amuck in a Fort Lauderdale Target went viral in the last two days. They walked into the store on September 15, 2020 wearing masks. Then they blasted the music. Twisted Sister’s “We’re Not Going to Take It.” A man ripped off his facemask and shouted, “Alright! We’re tired of shopping with masks on. And now we’re taking the masks off. You guys, we’re done with it!”

“Fucking idiots,” replied one of the people videotaping the incident.

The protesters ran like crazed proselytizers through the red decor of Target, urging all and sundry to “take their masks off.”

“That’s the only way it’s going to work! Is if we all unite!” shouted one woman.

They were allowed to do this for at least five minutes. One Target employee aloofly tried to intervene, not knowing what to do and mumbling something about having a nice day. But one of the agitators cried back, “Hey, you have a nice day, man!”

The Huffington Post‘s Jenna Amatulli was one of the first on the story. One of the protesters told her, “Don’t force me to wear a mask. Because it’s my right not to wear one!”

This was clearly the beginning of a makeshift movement. Cristina Gomez was one of the protesters. In a video that Gomez posted to Facebook (mirrored above), a man standing on the bed of a truck in a parking lot, shouted, “How is it that when their mask is working that I have to wear one too? And here’s the bottom line, okay? We’ve been using the medical exceptions. We’ve been using the religious exceptions. And that’s all fine and good. But no more exceptions! No more any of this!”

Gomez then pans her camera to a group of kids and shouts, “Can we get the kids? The cool kids? These are the cool kids. These are the future real men. Grown future grown men [sic] that are not wearing a mask.” Preying upon the innocence and vulnerability of kids is very much a part of this operation.

In the video, a young man by the name of John Gustavo, who claims on his Facebook page to be an “honest journalist,” then proceeds to interview this rowdy bunch — much in the manner of a Daily Caller reporter embedded within a Trump rally. What’s important is that these protesters look as if they could be taken seriously. And if that means using a flashmob format that appears to have emerged from an action plan or looking important enough to attract illusory “media attention,” this too is part of the deal.

At no point in any of the footage that I have reviewed do these protesters consider their maskless activity to be dangerous or infectious. And as I was to learn in a phone call on late Wednesday afternoon that I had with a Fort Lauderdale assistant police chief, the concern for public health clearly wasn’t shared by the authorities.

I wanted to know what Target planned to do about this. Because this incident seemed to me a baleful escalation of all the other maskless rallies. I was able to get in touch with Target’s Danielle Schumann by telephone. She pledged that she would provide me with a specific statement on how Target planned to respond to the incident. (As of Wednesday evening, despite a followup phone call to Schumann giving Target an opportunity to respond, I was not in receipt of any such statement. Nor has the company’s Twitter feed produced any statement condemning the maskless flashmob.)

[UPDATE: Schumann did send along Target’s statement not long after I filed this piece. Here it is below:

We shared earlier this summer that Target requires guests to wear masks whenever they’re shopping in our stores. Our priority remains the health and safety of our team and guests and we communicate our mask requirement through signs in our stores, overhead announcements and reminders from team members at the front of our stores. 

We’re aware of the group of guests who came into the store last night and we asked them to leave after they removed their masks and became disruptive and rude to other shoppers.]

Schumann was very nice, but did not answer numerous questions that I put forth to her about how Target would contend with unruly shoppers without masks in the future or even how they had coordinated with the police. She did confirm with me that Target had a nationwide ban in place that went into effect on August 1, 2020. But that was all that I was able to get out of her.

I made calls to the City of Fort Lauderdale to determine if they planned to shift their policy after this incident. My calls were not returned.

Interim Assistant Chief Frank Sousa of the Fort Lauderdale Police Department was nice enough to get in touch with me. Given the tendency of protesters of any stripe to push their shenanigans further, I had many questions about how the police was enforcing Executive Order 20-21 from the Broward County Administrator, which specifically prohibited people from entering establishments without a mask.

Sousa told me that the police had arrived at the Target, but the protesters had disappeared. They had only spoken with the store’s loss prevention officer. There was some talk of a guy in a T-shirt.

“There was no further action taken,” wrote Sousa to me in an email. “I do not know if you are aware but the individuals in the video originally complied with the E.O. issued by the County by entering the store with their mask on.”

I wrote back: “Are you basically saying that if someone were to go into a store with a mask on, that the executive order would not be enforceable?”

There was some back-and-forth. The emails got longer. Finally, Sousa telephoned me. I tried to lighten the tension from our feisty email exchange by joking about how we had both lucked out by being on the right coast, given the orange skies on the Pacific. He laughed.

Sousa informed me that, despite the executive order, walking around without a mask was not a crime. The only consequences were a civil fine.

Well, how do you expect people to comply with the executive order?

“We educate.”

How?

Sousa declined to say, but he suggested to me that there wasn’t rampant non-compliance in Broward County.

“They’re there to make a statement,” said Sousa of the Target group. “It’s the First Amendment.”

But doesn’t putting other people’s health at risk belie free speech?

“It’s not the police’s position to be the opinion police.”

I suggested that there were some situations that transcended mere opinions. I asked Sousa repeatedly if he would consider shifting this policy. I asked him if he considered walking into a store without a mask and endangering other people’s health to be riskier than, say, protesting outdoors without a mask.

He said he didn’t have an opinion.

Sousa suggested that there had been some enforcement of people not wearing masks indoors. Citations as well as fines. But he told me that he couldn’t offer me a precise answer because he didn’t have the stats in front of him. Which was a completely reasonable answer. But ultimately he believed that the Target incident was a free speech issue.

“They have their First Amendment rights. There is a county order.”

I liked Sousa. He seemed like the kind of man I could probably have a beer with, but only if he left his gun and his billy club at the station. Still, there was a growing tension to our exchange, one that I was able to gauge through the increased number of surly “Sirs” he barked at me over the phone as I carried on with my questions. I respectfully pressed Sousa on hypothetical changes to this policy, especially if the infection rate or the number of cases went up in the Fort Lauderdale area. But he declined to answer.

The takeaway here is that, if you are in the Florida area and choose to lead a maskless rebellion within the expansive confines of an indoor shopping mall, you will probably not be arrested by the police. The Fort Lauderdale Police, for one, certainly isn’t going to press you with additional charges. Especially if you have the foresight to leave the premises before the police arrive.

If you happen to be one of those people who sees masks as an affront to your freedom rather than an essential tool that will help flatten the curve, then, hey, sky’s the limit! Nobody will stand in your way. Not Target. Not the police. And certainly not the mayors and the governors who refuse to evoke protective regulations that can decrease COVID cases and save lives.

SEPTEMBER 16, 2020 8:30 PM UPDATE: I just received a statement from Target. I’ve added it to the story.

The Shameful Lies and Unacceptable Irresponsibility of Bill de Blasio

Bill de Blasio’s hideous curfew experiment has proven to be a spectacular and dangerous failure — an affront to human rights and basic dignity that is uniquely destructive to the City of New York and that has proven dispiriting for its people. The curfew, which started as an 11 PM cutoff on June 1st before shifting to 8PM during the last three nights, was intended to quell looters who had vandalized and pillaged stores in Midtown, SoHo, the Bronx, and other neighborhoods. Police presence in the streets was doubled. But it has become evident in the last week that the New York Police Department isn’t terribly concerned with curbing vandalism, much less serving and protecting the people in a fair and peaceful manner. This corrupt paramilitary police force, which has demonstrated an almost total incapacity to look inward, is more feverishly committed to abusing peaceful protesters and other innocents who merely happen to be in the neighborhood with wanton violence and indiscriminate abuse of power. It is an obvious truth that both Mayor de Blasio and even Governor Andrew Cuomo, who showed strong leadership in the early days of the pandemic, refuse to acknowledge.

As the Gothamist reported, there have been hundreds of people waiting longer than 24 hours to be arraigned in New York jail cells, with Justice James Burke ruling in favor of the police to keep holding them. In a followup report at The Gothamist, it was further revealed that many of the two thousand arrested during the last week were not even protesters. Here, the detainees — some recovering from profligate douses of pepper spray and other injuries — have been crowded in a cell without masks, soap, water, or medical care. Police, who frequently refused to wear masks, have believed they are immune from the coronavirus. But they also seem to feel that they are immune from being held accountable for their criminal conduct. (On May 31st, New York Attorney General Letitia James invited people on Twitter to share the many abuses for a sweeping investigation>)

These are not merely a series of mistakes. De Blasio’s willful malingering makes Mayor Dinkins’ handling of the Crown Heights affair look like a pardonable misstep. It is now abundantly clear that Bill de Blasio is the most irresponsible Mayor that the City of New York has ever known. His insistence that “the police showed a lot of restraint,” even as he has failed to view or acknowledge the considerable videos of police abuse, represents unquestionable negligence of his duties. His considerable deficiency, taken with Police Commissioner Dermot Shea’s complete failure to curb and discipline his officers for their out-of-control attacks, represent a bungling of command that is not merely incompetent, but that stands firmly against the NYPD’s professed credo to work “in partnership with the community to enforce the law, preserve peace, protect the people, reduce fear, and maintain order.” The NYPD has attacked delivery workers, journalists, doctors, and numerous others who stood peacefully in the streets.

What’s especially insulting is the way that de Blasio (and Cuomo) have been attempting to gaslight the public narrative by claiming that clear factual video of police brutality taken from reliable sources is somehow “opinion” or a “partisan attack.” This is not a matter of being Republican or Democrat. This is about whether a major American city should be terrorized by the authoritarian whims of a clearly abusive police force. With the curfew and his failure to hold the police accountable for their deadly behavior, de Blasio created the conditions in which the NYPD were free to indiscriminately attack anyone. It turns out that the police have been the real looters all along, disregarding the law and order that they profess to stand for in order to attack anybody they see. This is not merely a dereliction of the Mayor’s duties. It’s irresponsibility that should never be accepted from any public official in the City of New York.

The time has come for the Mayor and the Police Commissioner to resign. They have enacted policy that is harming the strength and spirit of New York and that is preventing this city from healing. These two men cannot be trusted to keep the city safe. They cannot be trusted to guide us out of a nightmare. They both must be replaced by real leaders who pay close attention, do not deny the facts, and have a limitless capacity to listen.

The Cop Shootings Were Awful, But This Doesn’t Let the NYPD Off the Hook

Two cops were gunned down near Myrtle and Tompkins Avenue on Saturday afternoon. It happened near my old neighborhood. There was a palpable panic that hit the latte drinkers like an epidemic, as if one shooting had the power to halt the eastward wave of gentrification. The more troubling question, of course, beyond the immediate concern for the victims’s families, was whether this incident would serve as a smoking gun for an altogether different war against peaceful activists, Mayor Bill de Blasio, and any person standing in the NYPD’s way.

Ismaaiyl Brinsley, the gunman who killed Officers Wenjian Liu and Rafael Ramos, was neither a protester nor a political agitator, unless one counts Instagram photos as a manifesto. He was a mentally disturbed man, admitting to an unspecified illness in court, and he shot his ex-girlfriend on Saturday, only to continue his spree at Bed-Stuy. Thus, Brinsley’s “motive,” which has been widely associated with Eric Garner, could just as easily have been hearing one too many treacly Christmas carols at the supermarket.

In all the finger wagging and op-ed quarterbacking, there has been little ink devoted to how a man like Brinsley obtained his silver pistol. Much like Elliot Rodger back in May, Brinsley was eager to communicate his plan (“I’m Putting Wings On Pigs Today”), motivated by hate, and carried out his violent rampage on people who were doing nothing: in this case, two cops who were merely eating their lunch. Whether Brinsley felt oppressed in an altogether different way, and didn’t feel he could express himself through peaceful means, is a matter that will likely have to be settled when further evidence pours in. But in light of 2014’s repugnant buffet of brutal violence, sexual assault allegations, #gamergate and other misogynist outings, and relentless racism, one must legitimately ask why it all seems to be spilling out now.

The loss of two cops deserves our sorrow and our respect. This was a violent and ineffable act, and the NYPD certainly deserves to mourn these losses.

Yet this incident must not be used by the NYPD to elude culpability for the murders of Eric Garner and Akai Gurley, who were both killed while unarmed and who both did not need to die. The NYPD must not stifle the necessary protests that will help bring about reform, much less any investigation into deeply inhumane and flagrantly over-the-top practices. The NYPD can complain about “NYPD KKK” epithets in chalk until it is as blue in the face as it is in uniform, but is not the written word better than the loaded gun? Surely, the NYPD must understand that there is a lot of rage over Garner, Gurley, and Michael Brown. The protests have attracted tens of thousands of people and, despite one questionable incident involving a bag of hammers, these efforts have been relatively peaceful.

Moreover, the NYPD is contributing to divisiveness. There were the I CAN BREATHE shirts brought by a Colorado man on Friday night, actively mocking Eric Garner’s dying words and heating up tensions with protesters on the other side. Then there was the NYPD’s astonishing disrespect for Mayor de Blasio on Saturday night, in which cops turned their backs when the Mayor entered a presser with Police Commissioner Bill Bratton at Woodhull Hospital.

The NYPD has been accustomed to getting what it wants and, as 1,000 more cops will be hired next year, there is little doubt that its militarized presence will escalate. And maybe that’s the problem with America right now. If everyone insists on being greedy and eating what little they have left of the pie, how will we learn to get through hard times?

On Ferguson, Michael Brown, and Sanctioned Murder in America

Michael Brown was murdered by the Ferguson Police Department. There is no other word that can sufficiently describe killing an unarmed man, especially one who didn’t have a criminal record. Witness Dorian Johnson stated that an officer whom the Ferguson Police refuses to identify pointed a gun at Brown’s head instead of containing the situation with a cool head. Brown was executed. The civilians rightfully protested. Now the police fire upon everyone with rubber bullets and tear gas.

The only detail that the police has revealed about the unidentified officer is that he was treated for swelling on the side of his face, but this is a woefully insufficient explanation. Just as instituting a no-fly zone “TO PROVIDE A SAFE ENVIRONMENT FOR LAW ENFORCEMENT ACTIVITIES” is a betrayal of the essential trust needed between police and citizens during a volatile time. Just as the Department of Defense’s militarization of police departments turns jurisdictional resources into a cruel cartoonish joke. Just as police muzzling and arresting veteran reporters like The Washington Post‘s Wesley Lowery as he was trying to piece together the maelstrom, with the preposterous rap of “resisting arrest” applied to a fair and innocent journalist holding his hands up high and terrified, is a desecration of civility, understanding, and free expression.

Murder. There is no other word to describe what happened to Michael Brown and what is now happening to our essential liberties. Just as there is no other word for what the New York Police Department did to Eric Garner in July; homicide was, after all, what the New York medical examiner concluded.

We wouldn’t have to use the word “murder” if these purported upholders of the law were responsible enough to own up to their mistakes or if our elected officials displayed swift and peremptory leadership. But they can’t. President Obama issues hollow statements. Governor Jay Nixon has displayed gutlessness and incompetence with his unfathomable silence. (Nixon broke his Marcel Marceau routine on late Wednesday night, asking for calm and urging “law enforcement to respect residents & press,” well after the time for conduction had passed.) The baleful mess in Ferguson, Missouri, especially harrowing in this YouTube video showing excessive force on peaceful protesters, has demonstrated that the American system is broken, that we are a nation that refuses to learn from its mistakes and that prefers to remain in denial about its deadliest problems.

We are now at a crucial point in history — one just as important as the epoch before Miranda rights were established — where we must understand that we have the power to say no, to not accept further abuse of police power, and to demand accountability and responsibility from callous ruffians who believe they can get away with sanctioned murder under the “serve and protect” lie. Because if we do not, we will come to take on yet another barbaric regularity of American life, one that an entire generation could grow up accepting without ever knowing another way.

[8/14/14 UPDATE: On Thursday afternoon, Governor Nixon pulled the St. Louis Police Department from Ferguson, replacing them with the Missouri Highway Patrol. MHP Captain Ronald Johnson has been overseeing operations with a cool head. Lowery reported that Johnson marched in the largely peaceful protest, with Johnson saying that he will tolerate neither looting nor “citizens not having ability to speak their minds” or having their rights violated. This is a much-needed and exemplary step in the right direction. The question now is whether the bad cops who attacked journalists and protesters will be named and brought to the appropriate justice.]