Daniel Penny, a former US Marine, has pleaded not guilty to criminal charges of second-degree manslaughter and negligent homicide in relation to a fatal chokehold incident on a New York City subway train. The indictment was made in court on Wednesday.
Witnesses recounted that on May 1st, Penny restrained Jordan Neely, a 30-year-old homeless street performer, who was reportedly shouting at subway passengers and asking for money. Video footage of the incident led to protests and counter-demonstrations.
If convicted of the manslaughter charge, Penny could face up to 15 years in prison. He was arrested on May 12th and released on $100,000 bail.
Penny’s defense lawyers argue that he could not have foreseen that his actions to subdue Neely, who had a history of mental illness, would result in his death.
According to witnesses, Neely was expressing hunger and a willingness to return to jail or die, but there is no indication that he physically attacked anyone. Bystanders captured the incident on video, which showed Penny holding Neely around the neck for almost three minutes, even after he stopped moving, according to prosecutors.
Emergency responders attempted to resuscitate Neely, but he was pronounced dead at the hospital. The city medical examiner ruled his death a homicide, attributing it to compression of the neck.
Manhattan District Attorney Alvin Bragg expressed his condolences to the Neely family and hoped they find healing during their mourning.
Penny did not address reporters during his brief court appearance on Wednesday. In previous social media statements, he asserted that he did not intend to kill Neely, expressing fear for his own safety and the presence of women and children on the subway car.
Penny’s defense attorneys expressed confidence in his ultimate acquittal, and they highlighted the shared experiences of individuals in Manhattan’s subway system. The defendant is scheduled to appear in court for a pre-trial hearing on October 25th.
Jordan Neely, known as a Michael Jackson impersonator frequently performing in Times Square, had a criminal record with 42 arrests for various charges, including fare evasion, theft, and assaults on three women. His mental health issues reportedly began after his mother’s murder by her boyfriend in 2007, as revealed by his aunt.
The case has garnered political attention, with conservatives praising Penny as a hero, while critics, including civil rights leader Reverend Al Sharpton, liken him to Bernard Goetz, a white man who fatally shot four black men on a New York subway in 1984.
The incident has raised awareness of mental health concerns and sparked debates on the need for improvement in New York City’s mental health system. Penny’s supporters have raised nearly $3 million for his legal defense, but the Neely family attorney dismissed the notion that money could influence the case’s outcome.