• Tue. May 16th, 2023

Ex-Marine to be charged over Jordan Neely subway chokehold death

Daniel Penny — the former Marine who put homeless man Jordan Neely in a deadly chokehold on a New York subway last week — will surrender to face criminal charges on Friday, law enforcement sources with knowledge of the case said on Thursday.

Penny, 24, will turn himself in at the NYPD’s 5th Precinct in Manhattan on Friday morning local time, high-ranking police sources told The New York Post. He will be arrested on a criminal complaint charging him with second-degree manslaughter, which could carry a jail term of up to 15 years, according to prosecutors.

“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” a spokesman for Manhattan District Attorney Alvin Bragg said in a statement.

“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”

The District Attorney’s office had faced pressure to bring charges as its investigation into the May 1 encounter progressed.

Neely, a homeless man with a history of mental illness, was left unconscious on the floor of an F train after being placed in a chokehold by Penny last week.

Neely, 30, died at a hospital in what the city’s medical examiner ruled a homicide from neck compression.

Penny’s forthcoming arrest comes after authorities updated the original complaint report with the medical examiner’s ruling and additional witness interviews, according to NY Post sources.

Cops had taken Penny into custody for questioning in the aftermath of Neely’s death, and he was then released without charges — sparking outrage from protesters, some politicians and Neely’s family, who called for the Queens man’s arrest.

Penny’s lawyers have said he didn’t intend to kill Neely when he put him in a chokehold. They did not return The Post’s request for comment.

Neely’s uncle, Christopher Neely, told the publication he was disappointed Penny was being charged with manslaughter and not murder.

“Manslaughter suggests an accident. This was no accident,” he said on Thursday evening, the publication reports.

“There was intent to kill and that’s murder.”

This article originally appeared on The New York Post and was reproduced with permission

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