Fatal Brooklyn subway stabbing was self-defense, lawyer says, in case compared to Daniel Penny

Tuesday night's deadly stabbing happened aboard a packed J train in Williamsburg
Tuesday night's deadly stabbing happened aboard a packed J train in Williamsburg. Photo credit Citizen App

NEW YORK (1010 WINS/WCBS 880) -- A Queens man who was charged in a fatal stabbing this week aboard a subway train in Williamsburg was acting in self-defense in a case similar to that of Daniel Penny, his attorney said Thursday.

Jordan Williams, 20, was charged Wednesday with manslaughter and criminal possession of a weapon after stabbing Devictor Ouedraogo, 36, aboard a J train at the Marcy Avenue station around 8 p.m. Tuesday, according to police.

Ouedraogo, of Brooklyn, was apparently drunk and harassing passengers on the train when Williams and his girlfriend stepped in, the Daily News reported, citing sources and witness video.

The two men then got into a physical fight on the crowded train, during which Williams pulled a knife and stabbed Ouedraogo in the chest as riders fled the train car, police said.

Ouedraogo reportedly stumbled out of the train and collapsed on the station platform. He was pronounced dead at New York-Presbyterian Brooklyn Methodist Hospital.

Williams and his girlfriend were apprehended at the Chauncey Street station and questioned by police. She was released, while he was held and charged.

The case—involving a deadly encounter in the subway and claims of self-defense—is drawing comparisons to the case of Daniel Penny, the Marine veteran who was just indicted by a Manhattan grand jury Wednesday on a second-degree manslaughter charge in the May 1 killing of Jordan Neely, a homeless former subway busker who prosecutors said was "making threats and scaring passengers" on an F train in SoHo when Penny placed him in a minutes-long chokehold. Penny, 24, was initially released by cops but was arrested days later after the medical examiner ruled Neely, 30, died by homicide from compression of the neck.

In a statement, Williams' attorney, Jason Goldman, questioned why police didn't wait for a more thorough investigation to arrest and charge Williams, who is Black, the way they did with Penny, who is white.

"While I appreciate the need for quick action, I also firmly believe that Mr. Williams should not yet be charged without a more thorough investigation," Goldman said. "We understand that this was a packed subway car during rush hour with dozens of witnesses. We have spoken with some who have already confirmed that the victim was physically violent with others prior to and during this incident. I encourage any other bystanders on that train to contact my office."

"Is Mr. Williams not getting the same treatment that Mr. Penny received—released, voluntary surrender, and low bail—because his skin color is different and he comes from a particular neighborhood?" Goldman's statement continued.

"Instead, those very factors will likely result in Mr. Williams, a young boy, fighting this case of clear self-defense from a cage at Rikers," Goldman said. "In light of that, we have set up a fundraiser to help Mr. Williams’ family get him home to safety."

Asked about the case Thursday during an unrelated event at City Hall, Mayor Eric Adams said it's difficult to compare two separate cases.

"It is very challenging to look at case A and say, 'Why did this happen here,' and case B, 'Why did it happen here,'" the mayor said. "That is extremely challenging to do. And from a distance that is how people respond. And I understand that, but if our criminal justice system operated on that, that would be frightening for me."

Tuesday's fatal stabbing is at least the fifth homicide in the subway system this year, the New York Times reported. There were 4,000 arrests in the transit system between January and April 2023, up from the nearly 3,000 over the same timeframe in 2022.

Featured Image Photo Credit: Citizen App