Daniel Penny, a U.S. Marine veteran who placed a homeless man in a fatal chokehold aboard a New York City subway train last month pleaded not guilty on Wednesday, June 28, 2023 to revised charges.
Daniel Penny, 24, was indicted in court on Wednesday on counts of second-degree manslaughter and negligent homicide in the May 1 death of Jordan Neely, a former Michael Jackson impersonator.
Penny was initially arrested on the manslaughter charge in May, but a grand jury added the negligent homicide count earlier this month, potentially giving a trial jury the option of finding him guilty of the lesser charge.
Penny, 24, faces up to 15 years in prison if convicted of the manslaughter charge. He was arrested on May 12, 2023, and released on $100,000 (£80,000) in bail.
Witnesses said that Jordan Neely, 30, was shouting at other subway passengers and asking for money when Penny pinned him down for several minutes on 1 May.
Penny has stated that he acted to protect himself and others from Neely. Witnesses said Neely was shouting about how he was hungry and willing to return to jail or die, though there is no indication he physically attacked anyone.
Prosecutors claim that the U.S. Marine veteran continued to restrain Neely, even after he stopped moving. Emergency responders tried to revive Neely, and he was taken to hospital, where he was pronounced dead.
Penny’s lawyers disclosed that their client could not have known his actions to subdue Neely, a homeless street performer with a history of mental illness, would lead to his death.
The incident was filmed by the people around, and a video captured by a freelance journalist on the train shows Penny holding Neely around the neck for two minutes and 55 seconds. The video sparked protests and counter-demonstrations.
The city medical examiner said that Neely’s death resulted from compression of the neck and ruled it a homicide.
Earlier this month, Penny addressed the incident on social media and stressed that it was not his intention to kill Neely.
“I was scared for myself but I looked around there were women and children, he was yelling in their faces saying these threats. I just couldn’t sit still,” he said.
In a statement on Wednesday, Manhattan District Attorney, Alvin Bragg averred that he hopes the Neely family is “on the path towards healing as they continue to mourn this tragic loss”.
Penny’s Attorneys Hope For His Acquittal
Outside court, Penny’s attorneys expressed confidence that he will ultimately be found not guilty.
“There is not a living, breathing soul in Manhattan that has not experienced a variation of what not only Mr Penny but other individuals experienced on that subway car,” lawyer Thomas Keniff said.
The defendant was ordered to return to court on October 25, 2023, for a pre-trial hearing.
The case has become politically charged among conservatives, with Florida Governor and presidential hopeful Ron DeSantis, praising Penny as a hero.
Penny’s supporters have raised nearly $3m (£2.37m) for his legal defence.
However, Neely family attorney, Donte Mills said on Wednesday that, “For everyone who thought donating $3 million would somehow make this go away or buy his pass: It’s not going to happen. You can ask for a refund.”
According to US media reports, Jordan Neely had 42 arrests on charges such as evading fares, theft and assaults on three women.
His aunt, Carolyn Neely, disclosed that Neely began experiencing mental health issues after his mother’s murder by her boyfriend in 2007.
New York Mayor, Eric Adams has said that Neely’s previous offences highlight the need to improve the city’s mental health system.
