Daniel Penny to surrender and face second-degree manslaughter charge in Jordan Neely chokehold
May 11, 2023
Daniel Penny is expected to surrender in the case.
Daniel Penny — the former Marine who put homeless man Jordan Neely in a deadly chokehold on the subway last week — will surrender to face criminal charges on Friday, law enforcement sources with knowledge of the case said Thursday.
Penny, 24, will turn himself in at the NYPD’s 5th Precinct in Chinatown on Friday morning, high-ranking police sources said Thursday. He will be arrested on a criminal complaint charging him with second-degree manslaughter, which could carry a jail term of up to 15 years, according to prosecutors.
Jordan Neely died after the chokehold.
“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.”
The DA’s office had faced pressure to bring charges as its investigation into the May 1 encounter progressed.
Penny will face a second-degree manslaughter charge, sources said.
Neely, a 30-year-old former street performer with a long history of mental illness, was left unconscious on the floor of an F train after being placed in a chokehold by Penny.
Shocking video showed Penny and two other straphangers restrain Neely after cops and witnesses said the disturbed man had gone on an aggressive rant in the train car.
He died at a hospital in what the city’s medical examiner ruled a homicide from neck compression.
Cops had taken Penny into custody for questioning in the aftermath of Neely’s death, and he was then released without charges — sparking outrage from protesters, some lawmakers and Neely’s family, who called for the Queens man’s arrest.
Penny’s anticipated arrest comes after authorities updated the original complaint report with the medical examiner’s ruling and additional witness interviews, according to sources.
It had been widely expected that Bragg would present the case to a grand jury for an indictment, rather than file a felony complaint, in order to sidestep a potential political minefield.
“It is stunning that they would make an arrest before presenting this to a grand jury,” defense attorney and former Manhattan prosecutor Mark Bederow said Thursday following news of the charges. “Bragg made a political call: he now owns this.”
Michael Discioarro, also a defense attorney and a former Bronx prosecutor, said the decision to charge Penny on a complaint “quiets the critics — for now.”
Penny’s legal team said Thursday that their client would be “fully absolved of any wrongdoing” when all the facts come out about the case.
“When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured,” lawyers Steven Raiser and Thomas Kenniff said in a statement.
“He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely.”
Penny’s attorneys previously said he didn’t intend to kill Neely when he put him in the chokehold.
Neely’s uncle, Christopher Neely, told The Post he was disappointed Penny was being charged with manslaughter and not murder.
First responders attempting to revive Neely on the F train.
Neely suffered from mental illness, according to family members.
Protesters stand in the trains tracks at the Lexington Ave/63rd Street subway station during a 'Justice for Jordan Neely' protest on May 6, 2023
Protestors seemed completely oblivious of the oncoming subway train
“Manslaughter suggests an accident. This was no accident,” Neely, 44, said Thursday evening.
“There was intent to kill and that’s murder.”
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