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Man who choked Jordan Neely to death charged, prosecutors say
Daniel Penny, a U.S. Marine Corp veteran, will face a second degree manslaughter charge in the chokehold death of Jordan Neely.
Damien Henderson, USA TODAY
Nearly two weeks after Daniel Penny used a fatal chokehold to restrain a man on the floor of a New York City subway car, the 24-year-old will face criminal charges, prosecutors said.
Penny will be arrested and charged for killing Jordan Neely, a 30-year-old Black man experiencing homelessness and mental health problems after he had been shouting on board the subway. The white U.S. Marine Corps veteran will face a charge of secondary manslaughter, which could carry a jail term of up to 15 years.
Neely’s violent death sparked days of protests in New York after police questioned the man’s killer but then released him from custody the same day of the incident. Last week, lawyers for Neely’s family drew attention to the fact that the man had suffered from mental health problems since age 14 when his mother was brutally murdered.
The law firm Mills & Edwards, LLP could not answer questions about the case Thursday evening, press contact Michelle Watts told USA TODAY.
WHO WAS JORDAN NEELY?: The New York subway victim, a ‘young man in real crisis,’ advocates say
Lawyers for Penny said they could not provide any additional information about the charges until Penny is arraigned in a Manhattan criminal court, which they expect to happen Friday.
According to a freelance journalist who witnessed the struggle, Neely had been screaming and saying how hungry and thirsty he was on board the train prior to the takedown but had not physically attacked anyone. Attorneys for Penny previously said their client, along with two other riders who helped restrain Neely, had acted in self-defense.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,” they said in a statement.
Charges proper response to violent action, homeless advocates say
Homeless advocates said Thursday the criminal charge against Penny was appropriate because he acted with violence against another subway passenger.
If Penny had wanted to keep the peace on May 1, he should have used “non-violent de-escalation techniques” to restrain or subdue Neely, said Eric Tars, the legal director of the National Homelessness Law Center.
“He proceeded with violence and this is the outcome of that, and he needs to be responsible for that,” Tars said.
Who was Jordan Neely?
A former subway performer known for his spot-on Michael Jackson impression, Neely struggled in recent years with homelessness and worsening mental illness, friends said.
Lawyers for Neely’s family say in the years leading up to his death he spent some time living with an aunt, some time at a Manhattan shelter, and some time living on the street. Neely grew up with parents who were musicians and had a love of performing, said Lennon Edwards, a lawyer representing the family.
When he was killed, Neely “still had a dream, and still wanted to accomplish something, and still had motivation to do it,” Edwards said. “Where he was in the process it’s hard to say, but he still had aspirations.”
Neely had been arrested several times and had recently pleaded guilty to assaulting a 67-year-old woman in 2021 as she left a subway station. After pleading guilty, he missed a court date, leading to a warrant for his arrest that was still active at the time of his death.
‘WE’VE GOT A DEEP PROBLEM’: Jordan Neely NYC subway chokehold death sparks outcry
Contributing: Associated Press
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