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Daniel Penny: Ex-Marine to surrender and face second-degree manslaughter charges in Jordan Neely's death

Daniel Penny, who put homeless man Jordan Neely in a deadly chokehold on the subway last week will surrender to face criminal charges, as per sources

MANHATTAN, NEW YORK CITY: Daniel Penny, the ex-marine who placed Jordan Neely in a deadly chokehold on May 1, is expected to surrender and face charges of second-degree manslaughter in connection to the death, law enforcement sources with knowledge about the case told the New York Post. Penny will reportedly turn himself in at the NYPD’s 5th Precinct in Chinatown on Friday, May 12, high-ranking police sources told the publication. 

The 24-year-old will likely be arrested on a criminal complaint on charges of second-degree manslaughter, which could carry a jail term of up to 15 years, prosecutors told the New York Post. “We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the Second Degree,” a spokesman for Manhattan District Attorney Alvin Bragg said in a statement. “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” they added.

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‘He risked his own life’

The Manhattan District Attorney’s office has long been pressured to bring charges against Penny. In the wake of Neely’s death, a video showing the encounter between the two surfaced online. The clip showed Penny placing Neely in a chokehold after the former yelled about his hunger and being ready to die while traveling on an F train. The Michael Jackson impersonator, who had a long history of mental illness as well as arrests, was reportedly lying unconscious on the floor of the train when first responders arrived.

He was later pronounced dead from neck compression and his death was ruled a homicide. Police initially took Penny into custody for questioning but released him without any charges.  The lack of arrest sparked major outrage online as well as among protestors, some lawmakers, and Neely’s family. The backlash further intensified after Penny’s background as a decorated former US marine came to light. Meanwhile, Penny’s attorneys said he “never intended to harm Mr Neely.” Following the latest update on Penny’s possible arrest, his lawyer Steve Raiser of Raiser and Kenniff told them that he believes his client will be “fully absolved” of any crime, as per Daily Mail.

“When Mr Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured,” Raiser said. “He risked his own life and safety, for the good of his fellow passengers,” he added. “The unfortunate result was the unintended and unforeseen death of Mr. Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr Penny will be fully absolved of any wrongdoing,” the lawyer stated.

“It is stunning that they would make an arrest before presenting this to a grand jury,” defense attorney and former Manhattan prosecutor Mark Bederow told the New York Post. “Bragg made a political call: he now owns this,” he added. Another defense attorney, Michael Discioarro, also a former Bronx prosecutor, said the decision to charge Penny on a complaint “quiets the critics, for now.”

'Why did it take so long?'

Social media users were quick to respond to the possibility of Neely’s arrest. “Called it. A chokehold as long as he held it to a man who didn’t physically attack anyone isn’t justified here. Bad situation all around for both of them,” one user tweeted. “Idk man people sayin black dude was being a menace, but at the same time bro didn’t have to choke him out just hold him. No winners imo,” added another. “Why did it take so long?” one questioned. “Well deserved. Why he gonna hold him down like that till he took his last breathe,” a fourth user wrote. One explained, “A trained Marine vet used a military style chokehold on a homeless man for yelling on the F train. Sickening. Nearly one minute after the homeless man lost consciousness, he continued to choke him. That’s murder, and he should be charged accordingly” while another said, “As he should. You can’t choke someone to death. That’s real. You got to be so close to the act. He knew about 20-30sec was enough. He felt that man’s soul leave his body.”

‘This was no accident’

Neely’s uncle, Christopher, previously expressed his disappointment over Penny’s release. “Why would you release somebody who just choked someone to death?” Christopher said in a statement to Daily Mail. “The Marine should never have been released at all... That was a stab in the face to all of Jordan's family and loved ones,” he added. Following the latest update, Christopher said he was upset over manslaughter charges instead of murder. “Manslaughter suggests an accident. This was no accident. There was intent to kill and that’s murder,” he told The New York Post.

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