Daniel Penny—Man Who Killed Jordan Neely On NYC Subway—‘Never Intended To Harm Him,’ Lawyers Say

Topline

Daniel Penny “never intended to harm” Jordan Neely, a 30-year-old homeless man, before placing him in a fatal chokehold on a New York City subway earlier this week, according to his attorneys, as it remains unclear whether Penny will be charged in Neely’s death.

Daniel Penny, a Marine veteran, “never intended to harm” Jordan Neely.

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Key Facts

Neely was “aggressively threatening” Penny and other passengers aboard a northbound F train Monday afternoon, according to attorneys Thomas Kenniff and Steve Raiser, before Penny “acted to protect” himself and others until help arrived.

Kenniff and Raiser also allege Neely—who had been arrested 42 times on charges that include theft and unprovoked assault—“had a documented history of violent and erratic behavior” that was the “apparent result” of untreated mental illness.

Penny was previously identified as an unnamed 24-year-old Marine veteran, who was questioned by police and subsequently released after the incident—a decision that sparked local outrage and protests.

Penny—a former sergeant who left the service two years ago—reportedly held Neely in a chokehold for 15 minutes before his death.

Neely’s death was ruled a homicide by the city’s medical examiner Wednesday, prompting an investigation by the Manhattan District Attorney’s Office.

Crucial Quote

Attorney Donte Mills, who represents Neely alongside Lennon Edwards, compared Neely’s death to the deaths of Kaylin Gillis and Ralph Yarl: “We have people being killed for ringing the wrong doorbell, pulling in the wrong driveway and screaming out in desperation on the subway. We cannot let that stand.”

What To Wattch For

A grand jury is expected to determine whether to charge Penny in Neely’s death next week, law enforcement officials told ABC News. Attorney Mark Bederow told the Associated Press that charges against Penny would most likely include second-degree manslaughter or criminally negligent homicide.

Surprising Fact

Kenniff—a former major in the Army National Guard—was the Republican candidate for the Manhattan district attorney election last year, which resulted in Alvin Bragg assuming the role. Kenniff’s platform centered on combating “misguided criminal justice policies” that complemented a rise in crime in the city, according to the New York Times.

Key Background

Neely, known as a Michael Jackson impersonator that frequented the Times Square subway hub, struggled with mental health issues after his mother Christie was murdered in 2007. Neely was described as a “really good kid” before high school, according to CNN, but experienced “some hard times.” Neely had been acting hostile toward other train passengers before Penny restrained him and placed him in a chokehold, witnesses told the New York Times. A decision to not charge Penny was criticized by several politicians, including New York Gov. Kathy Hochul (D), who said Neely’s “family deserves justice.” New York City Mayor Eric Adams told CNN it was “not very responsible” for officials to criticize police for not charging Penny, though he did offer his support.