Please ensure Javascript is enabled for purposes of website accessibility
Marine Veteran Who Choked NYC Subway Rider to Death Surrenders on Manslaughter Charge
gvw_ap_news
By Associated Press
Published 11 months ago on
May 12, 2023

Share

Getting your Trinity Audio player ready...

NEW YORK — A U.S. Marine veteran who used a fatal chokehold on an agitated fellow passenger on the New York City subway turned himself in Friday as authorities charged him with manslaughter nearly two weeks after the encounter.

Daniel Penny, 24, arrived at a police station and was later taken to a courthouse where he is expected to answer to criminal charges in the May 1 death of Jordan Neely, who spent his days entertaining riders as a Michael Jackson impersonator. Neely’s death sparked protests, while others embraced Penny as a vigilante hero.

Penny didn’t speak to reporters as he arrived at a Manhattan police station with his lawyers Friday morning, nor did he respond to questions shouted by reporters as he was led from the police precinct house in handcuffs several hours later.

Penny’s Lawyers Claim Self-Defense

Penny’s lawyers have said he was acting in self-defense when he pinned Neely to the floor of the subway car with the help of two other passengers and held him in a chokehold for several minutes.

A freelance journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, said he had been shouting at passengers and begging for money aboard the train but had not gotten physical with anyone. Penny’s lawyers have said he was “threatening” passengers but haven’t elaborated.

Uproar over Neely’s death

Neely’s death has raised an uproar over many issues, including how those with mental illness are treated by the transit system and the city, as well as crime, race and vigilantism. Penny, who is white, was questioned by police in the aftermath but was released without charges. Neely was Black.

Thomas Kenniff, one of Penny’s attorneys, said the veteran didn’t mean to harm Neely and “is dealing with the situation, like I said, with the sort of integrity and honor that is characteristic of who he is and characteristic of his honorable service in the United States Marine Corps.”

Donte Mills, a lawyer for Neely’s family, said Neely wasn’t harming anyone.

“There was no attack,” Mills said at a news conference Friday. “Mr. Neely did not attack anyone. He did not touch anyone. He did not hit anyone. But he was choked to death.” Penny, he said, “acted with indifference. He didn’t care about Jordan, he cared about himself. And we can’t let that stand.”

Manhattan prosecutors said Thursday, May 11, that they will bring criminal charges against Daniel Penny, the man who used a deadly chokehold on Neely, an unruly passenger, aboard a New York City subway train. The incident stirred outrage and debates about the response to mental illness in the nation’s largest transit system. (AP File)

Neely’s Family Speaks Out

Neely’s father, Andre, wept as another family lawyer, Lennon Edwards, recounted the last moments before Penny tackled Neely to the ground and put him in a chokehold.

“What did he think would happen?” Mills asked.

Friends of Neely said the former subway performer had been dealing with homelessness and mental illness in recent years. Neely had been arrested multiple times and had recently pleaded guilty for assaulting a 67-year-old woman leaving a subway station in 2021.

Mills said Neely’s outlook changed after his mother was killed by her boyfriend in 2007. Through his struggles, Mills said, Neely found joy in singing, dancing and bringing a smile to other people’s faces.

“No one on that train asked Jordan: ‘What’s wrong, how can I help you?’” Mills said, urging New Yorkers in a similar situation: “Don’t attack. Don’t choke. Don’t kill. Don’t take someone’s life. Don’t take someone’s loved one from them because they’re in a bad place.”

Manhattan DA’s Office Investigates

The Manhattan district attorney’s office had investigated the case for several days before deciding to file charges, in part to try to learn what happened aboard the train in the moments before Penny moved to restrain Neely. Prosecutors did not immediately explain why they decided criminal charges were warranted.

Neely’s death prompted protests in the city. On Wednesday, New York City Mayor Eric Adams, who had earlier said the investigation needed time to play out, gave an address in which he said Neely’s death shouldn’t have happened.

A second-degree manslaughter charge in New York will require the jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death, and then consciously disregards that risk.

The law also requires that conduct to be a gross deviation from how a reasonable person would act in a similar situation.

The charges could carry a maximum penalty of 15 years imprisonment, though any jail term could also be far shorter.

RELATED TOPICS:

DON'T MISS

Cronenworth’s Big Hit Helps Lift the Padres to a 6-4 Win Over Melvin’s Giants

DON'T MISS

Shohei Ohtani Reaches 3 Times in Home Debut as the Dodgers Rout the Cardinals 7-1

DON'T MISS

Facebook News Tab Will Soon Be Unavailable as Meta Scales Back News and Political Content

DON'T MISS

Stock Market Today: Wall Street Rises to More Records to Close Out Its Latest Winning Month

DON'T MISS

A Fresno County First: Kerman Council Passes Amended Gaza Cease-Fire Resolution

DON'T MISS

UN Top Court Orders Israel to Open More Land Crossings for Aid into Gaza

DON'T MISS

How Involved Is Southern California Consulting Firm in FUSD Executive Dealings?

DON'T MISS

Biden’s Fundraiser with Obama and Clinton Nets a Record $25 Million, His Campaign Says

DON'T MISS

Fresno Unified’s Self-Protection Racket Is Hurting Our Kids

DON'T MISS

Rockin’ Out or Laughing, the Valley Has Its Pick of Weekend Events

No data was found

Facebook News Tab Will Soon Be Unavailable as Meta Scales Back News and Political Content

16 hours ago

Stock Market Today: Wall Street Rises to More Records to Close Out Its Latest Winning Month

16 hours ago

A Fresno County First: Kerman Council Passes Amended Gaza Cease-Fire Resolution

16 hours ago

UN Top Court Orders Israel to Open More Land Crossings for Aid into Gaza

17 hours ago

How Involved Is Southern California Consulting Firm in FUSD Executive Dealings?

17 hours ago

Biden’s Fundraiser with Obama and Clinton Nets a Record $25 Million, His Campaign Says

18 hours ago

Fresno Unified’s Self-Protection Racket Is Hurting Our Kids

18 hours ago

Rockin’ Out or Laughing, the Valley Has Its Pick of Weekend Events

18 hours ago

Ex-Correctional Officer at Women’s Prison in California Sentenced for Sexually Abusing Inmates

21 hours ago

Caitlin Clark and Iowa Draw Nearly 5 Million Viewers for Second-Round NCAA Win

21 hours ago

PGA HOPE at Riverside Golf Course Introduces Military Veterans to the Game

PGA HOPE, now underway at Fresno’s Riverside Golf Course, is designed to introduce golf to veterans and active duty military members t...

15 hours ago

PGA HOPE at Fresno's Riverside Golf Course
15 hours ago

PGA HOPE at Riverside Golf Course Introduces Military Veterans to the Game

16 hours ago

Cronenworth’s Big Hit Helps Lift the Padres to a 6-4 Win Over Melvin’s Giants

16 hours ago

Shohei Ohtani Reaches 3 Times in Home Debut as the Dodgers Rout the Cardinals 7-1

16 hours ago

Facebook News Tab Will Soon Be Unavailable as Meta Scales Back News and Political Content

16 hours ago

Stock Market Today: Wall Street Rises to More Records to Close Out Its Latest Winning Month

16 hours ago

A Fresno County First: Kerman Council Passes Amended Gaza Cease-Fire Resolution

17 hours ago

UN Top Court Orders Israel to Open More Land Crossings for Aid into Gaza

17 hours ago

How Involved Is Southern California Consulting Firm in FUSD Executive Dealings?

MENU

CONNECT WITH US

Search

Send this to a friend