Former Marine To Be Charged For Death Of Aggressive Homeless Man He Restrained on New York Subway

Former Marine To Be Charged For Death Of Aggressive Homeless Man He Restrained on New York Subway

By Nicole Silverio

Daniel Penny, a 24-year-old former Marine, will be charged for the death of 30-year-old homeless man Jordan Neely, the Manhattan District Attorney’s office confirmed to NBC New York.

The DA’s office will charge the former Marine with manslaughter in the second degree for Neely’s death, a spokesperson for Manhattan District Attorney Alvin Bragg’s office reportedly confirmed to NBC New York Thursday. The Manhattan DA’s office could not provide the outlet with any additional information until after Penny’s arraignment Friday.

“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” a Manhattan DA spokesperson said, according to Gotham Gazette Editor Ben Max. “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”

A Manhattan medical examiner ruled Neely’s death a homicide on May 3. Penny allegedly held Neely in a 15-minute chokehold on May 1 to protect himself and other passengers from Neely, who was allegedly acting erratically on a train at the Broadway-Lafayette subway station, the New York Post reported.

Neely allegedly screamed “in an aggressive manner” and told passengers he does not care if he goes to jail, before allegedly taking off his jacket and throwing it on the ground. During the apparent chokehold, Neely could move his arms at first, then suddenly stopped moving and appeared to lose consciousness. EMS officials attempted to revive him and pronounced him dead.

The Marine was then taken into custody, questioned by detectives and released, according to ABC News.

New York law allows for the use of physical force if a person “reasonably believes” they need to defend themselves of someone else. A legal expert told the Daily Caller News Foundation Penny could avoid a conviction based on the longstanding law. (RELATED: Liberal Billionaires Funded The Communist-Linked Group Pushing Jordan Neely Protests) 

Penny’s lawyers labeled the death as an “awful tragedy,” and argued Neely “began aggressively threatening Daniel,” ABC News reported.

“Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness,” said the statement from law firm of Raiser and Kenniff. “When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.”

Neely’s family called the lawyers’ statement a “character assassination” and said Penny knew “nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing,” ABC News reported. Neely had reportedly been arrested over 40 times and struggled with mental health problems, per the New York Post.

“It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message. He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison,” said the attorneys of Neely’s family, Donte Mills and Lennon Edwards.

Neely’s death sparked protests in New York City subways and streets, leading to conflicts with law enforcement. Police made 11 arrests from a May 9 protest after officers ordered protesters to stop blocking the streets and recovered a Molotov cocktail.


For your convenience, you may leave commments below using Disqus. If Disqus is not appearing for you, please disable AdBlock to leave a comment.