Former U.S. Marine Daniel Penny has been indicted by a grand jury in connection with the death of Jordan Neely, who died due to a chokehold on a subway train. The specific charges against Penny will be revealed in court at a later date. Initially, Penny was arrested on a charge of second-degree manslaughter.
Video evidence captured Penny, aged 24, applying a chokehold on Neely on May 1. Assistant District Attorney Joshua Steinglass informed the judge during Penny’s initial court appearance on May 12 that several witnesses observed Neely making threats.
According to authorities, some witnesses reported that Neely was yelling and harassing passengers on the train. Police sources, however, informed ABC News that Penny intervened without being specifically threatened by Neely, and that Neely had not displayed violence or targeted anyone in particular.
At the time of the incident, Neely was homeless.
According to Assistant District Attorney Joshua Steinglass, Penny held Neely in a chokehold for several minutes, even after Neely had stopped moving. The medical examiner concluded that Neely’s cause of death was due to the chokehold, and it was ruled as a homicide.
Steinglass stated that prosecutors conducted a “thorough investigation”, which involved interviewing eyewitnesses, 911 callers, and responding officers, before proceeding with the criminal charge. Penny turned himself in to the police on May 12 after the Manhattan district attorney’s office announced the charges against him. He has not yet entered a plea.
Neely, who was homeless at the time of his death, had a documented history of mental health issues, as per police sources. It is unclear how many arrests Neely had on the subway, and whether any resulted in convictions.
Attorneys representing Neely’s family released a statement expressing that the “indictment is the right result for the wrong he committed.”
In a statement, the attorneys representing Neely’s family expressed their belief that the grand jury’s decision conveyed the message that nobody is exempt from the law, regardless of their wealth, affiliations, or attempts to manipulate the truth in interviews.
Penny’s attorneys, on the other hand, released a statement acknowledging and respecting the grand jury’s decision. They emphasized, “The grand jury’s decision tells our city and our nation that ‘no one is above the law’ no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews.” Further the attorney said it “should be noted that the standard of proof in a grand jury is very low” and that “We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified.”
Penny’s attorney, Thomas Kenniff, stated “We’re all saddened at the loss of human life”. Further he highlighted, “Daniel Penny saw a genuine threat and took action to protect the lives of others.”
Mayor Eric Adams issued a statement expressing appreciation for “conducting a thorough investigation into the death of Jordan Neely” by Manhattan District Attorney Alvin Bragg. The mayor reaffirmed “Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the grand jury has indicted Daniel Penny, a trial and justice can move forward”.
The Reverend Al Sharpton, who delivered the eulogy at Neely’s funeral, reiterated his call for a comprehensive prosecution of Penny, emphasizing “The National Action Network has stood in support of Jordan’s family since day one. This was a clear-cut case of vigilantism that has no place in our society, which is why I spoke against it at Jordan’s funeral.”
