The 24-year-old US Marine veteran and college student who is accused of killing a homeless man on the New York City subway has been named by his attorneys. His lawyers insist that their client "acted to protect themselves" and "never intended harm."
Who Is Daniel Penny?
After an incident on the northbound F train on Monday, May 1, witnesses and police have identified Daniel James Penny, 24, as the guy who held 30-year-old Jordan Neely in a deadly chokehold, Fox News reported.
According to a statement published by his lawyers at Raiser&Kenniff, Penny is presently enrolled as a college student and joined the Marines in 2017.
Public records that the Independent has seen show that Penny lived at Marine Corps Base Camp LeJeune in Jacksonville, North Carolina. He was a sergeant and infantryman in the army. Reportedly, he departed the Marines in 2021.
In a service sector employment site on his LinkedIn, Penny said that his military experience made him "passionate" about "helping, communicating, and connecting to different people from all over the world."
Witnesses and police say that Neely was having a mental breakdown on the train platform. Neely was reportedly ranting and pacing back and forth when Penny stepped in, pushed him to the ground, and placed him in a chokehold.
"Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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," the lawyers said, according to Fox News.
"Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."
Inquiries Are Ongoing
Prosecutors in Manhattan are looking into Neely's death after the city's medical examiner ruled that the homeless Michael Jackson impersonator died from compression to the neck.
Freelance journalist Juan Alberto Vazquez, who filmed the now-viral occurrence, told the New York Post that Neely began aggressively yelling that he was hungry and thirsty. The Marine veteran then put Neely in a chokehold for allegedly about 15 minutes.
Police have not made any arrests in connection with his death, which has been considered a homicide by the city's medical examiner.
Manhattan District Attorney Alvin Bragg said they are conducting an investigation to review the medical examiner's report, assess video and photo footage, identify witnesses, and obtain additional medical records.
An Outcry for Justice
The tragedy has spurred citywide rallies seeking justice for Neely's death, with state and municipal officials advocating for a fresh mental health crisis response.
To 28-year-old Wallace Mazon, the killing brought to mind the death of George Floyd, who was held down for over nine minutes by a police officer in Minneapolis. According to The New York Times, when Mazon witnessed Neely's last moments on video, he was devastated.
"I kind of felt hopeless," Mazon said during a rally outside the Barclays Center in Brooklyn. "I just wanted to be in community with other people and not feel so helpless."