Daniel Penny to be charged for subway chokehold that killed Jordan Neely - CBS News
By: Alex Sundby (CBSNews)
S E E D E D C O N T E N T
By Alex Sundby
Updated on: May 11, 2023 / 5:41 PM / CBS News
Outrage grows over death of man on NY subway NYPD arrests protesters as a grand jury considers charges in subway chokehold death02:56
A Marine veteran will be charged with manslaughter in the second degree in the chokehold death of a man on a subway train, the Manhattan district attorney's office said in a statement to CBS News on Thursday. Jordan Neely, a former Michael Jackson impersonator who was homeless, died after being put in a chokehold by Daniel Penny earlier this month.
Penny is expected to turn himself in to authorities, CBS New York reported. Prosecutors expect Penny to be arraigned Friday.
"We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court," a spokesperson for Manhattan District Attorney Alvin Bragg's office said in the statement.
A video lasting nearly 3 minutes shows Penny, 24, on the floor of a subway car with Neely, 30, in a chokehold. Witnesses said Neely was acting erratically on the train and screaming about being hungry and tired but didn't attack anyone.
The New York City medical examiner's office ruled Neely's death a homicide. Penny was initially questioned by police and released without being charged.
In the days following Neely's death, attorneys representing Penny said Neely was "aggressively threatening" their client and that he and other passengers "acted to protect themselves."
"Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death," Thomas Kenniff and Steven Raiser said in a May 5 statement.
Attorneys for Neely's family said Penny should be sent to prison.
"He never attempted to help him at all," Lennon Edwards and Donte Mills said in a May 8 statement.
The case sparked days of protests by demonstrators calling for justice for Neely.
- In:
- Jordan Neely
- Daniel Penny
- New York City
Alex Sundby
Alex Sundby is a senior editor for CBSNews.com
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Not a surprise at all. Jury selection should be interesting.
Penny should not have strangled Neely. There were plenty of bystanders nearby for additional restraint (if needed).
Can't fault Penny for jumping in and restraining an obviously out of control Neely.
Can fault Penny for the choke hold in the first place and for holding it way too long.
A simple joint lock or just body weight should have been sufficient.
Marines aren't typically trained in non-lethal tactics. Marines are trained to kill.
Easy for folk who weren't there to second guess. Emotions were high at the time.
My personal jury is still out on this but manslaughter is a reasonable charge.
There's a great book called American Law and the Trained Fighter by Carl Brown.
If one has ever had any martial training whatsoever, This book is a must read.
Plenty of other people were around. He was told to stop. He didn't. The man couldn't be oblivious to other actions such as this in the past few years.
Involuntary Manslaughter is apt. He 'effed' up.
Note to anyone with a functioning braincell- stay out of Democrat Bastions of Stupidity!
If you need to ask where they are- it is already too late for you!