A Marine veteran who was captured on video putting Jordan Neely in a fatal chokehold on a New York City subway has been arraigned on a second-degree manslaughter charge. The Neely family expressed their dissatisfaction with the charge, believing it to be too lenient. Speaking at a news conference, their attorney Lennon Edwards questioned whether it was enough for someone who took another person’s life by choking them on a train. He argued that Daniel Penny, the accused, should have been charged with murder since he intentionally chose a technique designed to cut off air.
The reason behind settling on the manslaughter charge has not been disclosed by officials. District Attorney Alvin Bragg stated that after evaluating the available evidence, his office determined there was probable cause to arrest Penny on felony charges. He emphasized that Jordan Neely should still be alive and expressed his condolences to the family. Assistant District Attorney Joshua Steinglass confirmed that the case will be presented to a grand jury.
Daniel Penny voluntarily turned himself in at the 5th Precinct stationhouse in Manhattan and was later escorted to the Manhattan criminal courthouse. During the arraignment, bail was set at $100,000, and Penny posted $6,000 with his parents guaranteeing the rest of the bond. He was released pending trial. Penny’s defense team, along with detectives, surrounded him as he left the courthouse, and some individuals reached out to shake his hand.
The incident, which occurred on a northbound F train on May 1, was partially captured on cellphone video. It showed Penny holding Neely in a chokehold after an altercation, resulting in Neely’s unconsciousness and subsequent death. The medical examiner’s office ruled the cause of death as “compression of neck (chokehold)” and classified it as a homicide. Witnesses, including the person who filmed the video, Juan Alberto Vazquez, mentioned Neely’s aggressive behavior before the incident. Neely was homeless and known for performing dance routines as Michael Jackson in subway stations.
Penny’s lawyers argued that Neely was threatening passengers aggressively and that Penny had no intention of causing harm. However, Neely’s family rejected this account. Attorney Donte Mills questioned the lack of assistance from other passengers, highlighting that Neely suffered from mental illness resulting from his mother’s murder. He criticized the fact that nobody on the train asked Neely if he needed help and instead, he was fatally choked. The incident sparked a national debate, with people denouncing vigilantism and demanding action to address homelessness, mental health, and violence in subways.
The Rev. Al Sharpton issued a statement urging the justice system to send a clear message that vigilantism is never acceptable. He emphasized that being homeless, Black, or experiencing a mental health episode should not result in a death sentence. Sharpton is expected to deliver the eulogy at Neely’s funeral in Harlem. Penny’s next court appearance is scheduled for July 17.