Topline
Daniel Penny, a 24-year-old former Marine, was charged Friday with second-degree manslaughter in the killing of Jordan Neely, a 30-year-old homeless man, according to the Associated Press, after Penny held Neely in a fatal chokehold while aboard a New York City subway earlier this month.
Daniel Penny was charged with second-degree manslaughter in Jordan Neely’s death.
Key Facts
Penny was released on bond Friday following a brief arraignment in which he did not enter a plea, according to the Associated Press, hours after surrendering himself to police.
Penny’s attorneys—Steven Raiser and Thomas Kenniff—said Thursday they were “confident” that “Penny will be fully absolved of any wrongdoing,” according to the New York Times.
Attorney Donte Mills, who represents Neely’s family with Lennon Edwards, called for Penny to be charged with second-degree murder during a press conference before Penny’s arraignment, suggesting Penny “knew” Neely would die after placing him in a chokehold.
Raiser and Kenniff argued Penny—who returns to court on July 17—acted in self-defense as Neely was “aggressively threatening” Penny and other subway passengers, though Edwards and Mills acknowledged Neely was suffering from a mental health crisis during the incident and was pleading for help.
Crucial Quote
“Neely did not attack anyone,” Mills said Friday, adding Neely “did not touch anyone. He did not hit anyone, but he was choked to death.”
Key Background
Penny was captured on video earlier this month placing Neely in a chokehold aboard a northbound F train. Penny was previously identified as an unnamed Marine veteran, who police questioned and subsequently released after the incident. Neely, known as a Michael Jackson impersonator who routinely performed inside the Times Square subway hub, struggled with mental health issues after his mother Christie was murdered in 2007. Prior to the incident, Neely had been arrested 42 times on charges that included theft and unprovoked assault. Penny’s attorneys argued Neely “had a documented history of violent and erratic behavior” that was the “apparent result” of untreated mental illness, while witnesses told the New York Times that Neely was acting hostile while on the subway train. Neely’s attorneys said Neely was routinely denied access to mental health services, adding he was pleading for help and food before Penny restrained him.
Further Reading
Jordan Neely Killing: Daniel Penny Surrenders To Police Ahead Of Manslaughter Charges (Forbes)
Daniel Penny—Man Who Killed Jordan Neely On NYC Subway—‘Never Intended To Harm Him,’ Lawyers Say (Forbes)
Why Chokeholds—Used By Daniel Penny On Jordan Neely—Are Increasingly Banned By Police Departments (Forbes)
Source: https://www.forbes.com/sites/tylerroush/2023/05/12/jordan-neely-killing-daniel-penny-charged-with-manslaughter-released-on-bond/