Daniel Penny, 24, the man allegedly responsible for the fatal choking of 30-year-old Jordan Neely on an uptown F train last week,surrendered to law enforcement and faces legal charges this Friday, as per official confirmations. Penny faces second-degree manslaughter charges.
Prior to this, Penny was interrogated by the police following the fatal event on May 1, but was subsequently released without any charges. The city's medical examiner's office later declared Neely's death a homicide resulting from a chokehold. On Thursday, a representative from the Civilian Complaint Review Board confirmed to Gothamist that there is an ongoing official inquiry into the decision not to initially charge Penny.
In the state of New York, accusations of second-degree manslaughter are brought forward when an individual is suspected of recklessly causing another person's death, a class C felony.
Penny's attorneys, Steven Raiser and Thomas Kenniff, expressed confidence in their client's innocence. They conveyed that Penny, an honored Marine veteran, intervened in the situation out of a sense of duty to protect himself and others, and that his personal safety was not guaranteed. They described the subsequent death of Neely as an unintended and regrettable outcome.
Representatives for Neely's family previously criticized similar statements from Penny's legal team as attempts to tarnish Neely's character. They have not yet responded to requests for comments.
According to independent journalist Juan Alberto Vazquez, who was present on the uptown F train during the incident, Neely began to shout about his exhaustion, hunger, and indifference to imprisonment or death. Vazquez reports that Penny then forced Neely to the ground and applied a chokehold. The footage Vazquez captured on his cellphone was widely shared online, with the public divided in their reaction to Penny's actions.
Neely, known and loved by many for his Michael Jackson impersonations, was remembered by his family and friends as a "sweet kid" possessing "extraordinary natural talent." They also mentioned his ongoing struggles with mental health issues, which began after his mother's murder when he was 14. At the time of his death, Neely had been homeless and had a significant number of arrests.
Following Neely's death, protests have been held on numerous occasions, with participants calling on the city's leaders to allocate more resources towards homelessness and mental health care. These protests led to over a dozen arrests last weekend when participants trespassed onto the subway tracks.
City Council's Black, Asian, and Latino caucus members held a rally on Thursday afternoon to demand legal charges against Penny. Meanwhile, Mayor Eric Adams has voiced his belief that Neely's death was unwarranted, but refrained from calling for legal proceedings.
This case comes at a time when District Attorney Bragg is under significant scrutiny, having recently become the first prosecutor in U.S. history to charge a former president with a crime. Public opinion is divided on Bragg's handling of the case, with some criticizing the delay in charging Penny, while others applaud his careful approach. This is particularly in light of a previous incident where a swift arrest of a store worker who defended himself led to public outrage and subsequent dismissal of the charges.
The district attorney's office has remained silent on whether it's considering charges against other passengers who were on the subway that day, including two men who seem to have assisted in restraining Neely, as seen in the video posted online by Vazquez. Bragg's office has reassured the public that a thorough investigation is underway, headed by Assistant District Attorney Joshua Steinglass, who recently prosecuted the Trump Organization.
Q&A Section:
Q: Who is surrendered to NYC Manhattan Criminal Court? A: Daniel Penny, aged 24, faces second-degree manslaughter charges in the subway choking incident involving Jordan Neely.
Q: What is the charge that Daniel Penny is expected to face? A: Daniel Penny is expected to face a charge of second-degree manslaughter. In New York, this charge applies when someone is accused of recklessly causing the death of another person.
Q: What was the response of Penny's attorneys to the charges? A: Penny's attorneys, Steven Raiser and Thomas Kenniff, have stated they believe their client will be fully cleared of any wrongdoing. They argue that Penny, a decorated Marine veteran, acted to protect himself and his fellow passengers.
Q: How did the incident between Penny and Neely begin, according to witness accounts? A: According to independent journalist Juan Alberto Vazquez, who was on the subway during the incident, Neely began shouting about being tired, hungry, and not caring if he went to jail or died. Penny then reportedly forced Neely to the ground and applied a chokehold.
Q: What was the public response following Neely's death? A: The public response following Neely's death has been divided. Protests have occurred, with people urging city leaders to allocate more resources to homelessness and mental health care. Meanwhile, there is a mix of condemnation and defense of Penny's actions in the incident.
