Daniel Penny indicted on 2nd-degree manslaughter charge in chokehold death of Jordan Neely. He faces up to 15 years in prison if convicted
June 14, 2023
During a fiery eulogy last month, the Rev. Al Sharpton told a packed church that “when they choked Jordan, they put their arms around all of us.”
Former Marine Daniel Penny has been indicted on a charge of second-degree manslaughter in the chokehold killing of Jordan Neely last month, sources told The Post.
A grand jury sitting in Manhattan reached its decision Wednesday, weeks after Neely’s death sparked a national firestorm over Penny’s actions and scrutiny over a mental health system that failed the tragic victim.
The 24-year-old, who is free on $100,000 bail, first surrendered himself to cops on May 12 — nearly two weeks after he laced his arms around the disturbed homeless man’s neck during a chaotic confrontation on an F train in Manhattan.
Penny’s lawyers have said their client acted in self-defense — Neely was allegedly yelling, screaming, and threatening other passengers, according to eyewitnesses.
In a series of videos released Sunday, Penny said he wasn’t trying to kill Neely when he grabbed him.
But he couldn’t sit still while Neely ranted.
Former Marine Daniel Penny has been indicted in the death of Jordan Neely.
“There’s a common misconception that Marines don’t get scared. We’re actually taught one of our core values is courage, and courage is not the absence of fear but how you handle fear,” he said.
“I was scared for myself but I looked around there was women and children, he was yelling in their faces saying these threats. I just couldn’t sit still.”
But the caught-on-camera confrontation quickly went south. Neely struggled, but passed out and died.
Medics could be seen performing CPR on Neely inside the subway after the altercation.
The city medical examiner later ruled his death a homicide, and said the troubled former street performer died from “compression of the neck.”
Neely had a lengthy history of mental illness — and scores of run-ins with New York’s Finest.
After his death, his family blamed authorities for not making sure he got the care he needed. And they’ve called for Penny to face murder charges.
Many people, including Rev. Al Sharpton, criticized authorities’ initial decision to release Penny in the wake of the killing.
“I was scared for myself but I looked around there was women and children, he was yelling in their faces saying these threats. I just couldn’t sit still,” Penny said.
Penny is due back in court on July 17.
During a fiery eulogy last month, the Rev. Al Sharpton told a packed church that “when they choked Jordan, they put their arms around all of us.”
Sharpton also criticized authorities’ initial decision to release Penny in the wake of the killing.
“Who thought it was alright for this man to choke a brother to death and go home to see his family?” Sharpton asked the crowd at Mount Neboh Baptist Church in Harlem. “Who gave the order it was alright to release him?”
The Manhattan District Attorney’s office declined to comment about Penny’s indictment.
When reached by The Post Wednesday, the former Marine’s cousin said his lawyers have told the family not to make any further comments about the case.
“We’re just letting them handle it from now on, thank you,” Justine Baldwin said.
Penny will be arraigned on the indictment charges at a date that’s yet to be set.
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