A former US Marine who is accused of placing a passenger in a fatal chokehold on the New York subway has made a court appearance to face manslaughter charges. Daniel Penny, 24, did not enter a plea during the hearing. His defense lawyers argued that he could not have anticipated that his actions to restrain Jordan Neely, 30, would result in his death. Witnesses reported that Mr. Neely, who was homeless, had been causing a disturbance and asking for money before the incident.
Mr. Neely was held down on the train floor for several minutes before being discovered unconscious and later pronounced dead in the hospital. The city’s medical examiner determined that his death was caused by compression of the neck. Mr. Penny appeared in Manhattan Criminal Court, with his hands cuffed behind his back, and was released on $100,000 in cash bail. He is required to appear in court again on July 17, and certain conditions, such as surrendering his passport and obtaining permission to travel across state lines, were imposed by the judge. On the day of the incident, Mr. Penny was initially questioned by the police and then released.
Following the release of video footage capturing the incident on a northbound F train, protests erupted, prompting the Manhattan district attorney’s office to initiate an investigation into the case. The video, filmed by a freelance journalist named Juan Alberto Vazquez, shows Daniel Penny, the former Marine, holding Jordan Neely in a chokehold for two minutes and 55 seconds. Vazquez stated that Neely had shouted at passengers but did not physically attack anyone. According to Vazquez, Neely had made statements about being willing to go to jail for life before he was restrained.
On Friday morning, Penny arrived at a Manhattan police station in a black SUV to surrender himself to authorities. He appeared in a black suit and white shirt, choosing not to speak or answer questions from reporters outside. His lawyer, Thomas Kenniff, expressed that Penny had surrendered with dignity and integrity, emphasizing his history of service to the nation. Kenniff stated that Penny had risked his own safety for the well-being of his fellow passengers and believed his client would be completely exonerated from any wrongdoing.
Penny is facing a charge of second-degree manslaughter, which carries a potential sentence of up to 15 years in prison upon conviction. According to New York law, the prosecution must prove that Penny engaged in reckless conduct that created an unjustifiable risk of death. Manhattan District Attorney Alvin Bragg noted that the investigation included witness interviews, thorough examination of photo and video evidence, and consultations with the Medical Examiner’s Office. Bragg added that due to the ongoing legal proceedings, the prosecution would refrain from making public statements to ensure a fair and impartial process.
New York defense attorney Jeffrey Lichtman expressed his belief that the prosecutors would struggle to meet the required standard and demonstrate that Penny knew his actions would result in death. Lichtman considered Penny to be a sympathetic defendant and believed that, if properly litigated, the case would result in an acquittal. Penny’s lawyers previously stated that their client had never intended to harm Neely and could not have predicted his untimely death. They also mentioned Penny’s military background, including his honorable discharge as a sergeant in June 2021, and his current pursuit of a college degree in architecture.
Opposite the court, a small memorial has been set up in memory of Jordan Neely, with signs urging officials to prosecute Daniel Penny.
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