Ex-Marine Daniel Penny Enters Not Guilty Plea in Jordan Neely Chokehold Killing

Penny was released on $100,000 bail after surrendering to police in May.

Daniel Penny Arraigned In Subway Chokehold Death Of Jordan Neely
Daniel Penny leaves the courtroom after an arraignment hearing at NYS Supreme Court on June 28, 2023 in New York City. Michael M. Santiago / Getty Images

US Marine veteran and 24-year-old Daniel Penny pleaded not guilty on Wednesday morning, June 28, to manslaughter charges in the chokehold killing of Jordan Neely in the New York City subway last month.

Penny Pled Not Guilty to Second-Degree Manslaughter and Criminally Negligent Homicide

Penny, dressed in a dark blue suit, was arraigned for about five minutes before he pled not guilty to second-degree manslaughter and criminally negligent homicide. He was released on an identical condition--a $100,000 bail--that had previously gotten him out of jail.

According to Fox News, Neely was a homeless 30-year-old with a history of mental illness and a criminal record that included many attacks on subway users.

On May 1, witnesses said he became irrational on an F train subway car and threatened passengers, prompting Penny to step in, ultimately leading to his death.

Penny put him in a chokehold, and with the assistance of another standing passenger, they pulled him to the floor. A third passenger recorded the commotion on their camera. ABC7 said no charges had been brought against the other guy shown on the subway chokehold video holding Neely.

Manhattan District Attorney Alvin Bragg released a statement saying that Daniel Penny has been charged with manslaughter for his alleged role in holding Jordan Neely in a fatal chokehold for several minutes until and after Neely stopped moving.

Penny's prosecution has been met with backlash from some who say the decision was politically motivated and point to evidence that the veteran was acting in self-defense or to protect other passengers.

During an interview with Fox News in June, Penny said that Neely "would have killed somebody" if he had carried out his threats.

The Subway Chokehold Death in NYC

Penny said that on the afternoon of May 1, he was riding the subway to the gym when an angry Neely entered the train at the Second Avenue stop in Manhattan at around 2:30 PM, yelling at other commuters and trying to panhandle.

Penny stepped in when his actions made other passengers feel uneasy.

"I was scared. I looked around, and I saw older women and children, and they were terrified," he emphasized.

Penny was questioned and released by police after the event. He was not arrested until May 12 despite growing calls for his arrest in the days following. If convicted on both counts, he may spend up to 19 years in jail for manslaughter and criminally negligent homicide.

Neely has been called a Michael Jackson impersonator but also has a history of violence, including an attack in a 2021 metro station on a 67-year-old lady.

The New York Post reported that city officials were aware of his mental condition and that he sometimes acted suicidally.

Tags
Nyc, New York City, Homicide
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