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A former US Marine Sergeant who killed a homeless Black man by putting him in a chokehold in the New York City subway earlier this month was charged with murder in Manhattan criminal court, hours after he surrendered to police.
A viral video shows Daniel Penny putting 30-year-old Jordan Neely in a chokehold on May 1 while riding the F train in Manhattan. Neely died of neck compression, the medical examiner said, but Penny’s attorney said his client did not mean to kill him.
According to witnesses, Neely, who is known to impersonate Michael Jackson in the subway system, was complaining loudly about being hungry and said he was ready to die when Penny came up behind him, gripped his neck and held him on the floor. subway car.
Neely was then seen to stop moving, and was pronounced dead.
Penny, 24, was charged with one count of second-degree murder in Manhattan Criminal Court, where Judge Kevin McGrath released her on $100,000 bail and ordered her to surrender her passport. He returns to court on July 17.
Penny was handcuffed when she entered the room and was not handcuffed when she left.
“Mr. Penny not only has ties to this community, he has been a pillar of the community,” attorney Thomas Kenniff said during the hearing.
In a statement after the hearing, Manhattan District Attorney Alvin Bragg said prosecutors decided to charge Penny after interviewing eyewitnesses, reviewing records and speaking with the medical examiner.
“Jordan Neely should be alive today, and my thoughts go out to his family,” Bragg said.
The Bystander video attracted national attention
A video of the killer’s slaying has drawn national attention and sparked protests by people who say prosecutors have delayed charging Penny, who is white, with the killing of Neely, who is black. Some said the incident was a “lynching” and an example of “white vigilantism” against people of color.
Joshua Steinglass, a prosecutor with the Manhattan district attorney’s office, said during the hearing that Penny continued to hold Neely after the train came to the next stop, and after she had stopped moving.
Jordan Neely was killed.
They have no food, no water, no place to rest. He had the audacity to cry out about such great injustice that he killed. pic.twitter.com/LBSl1aMiQz
Penny’s attorney told the court that he grew up in the New York City area before serving four years in the Marine Corps. After Penny was honorably discharged, he pursued a bachelor’s degree in architecture in New York City.
The US Marine Corps said in a written statement on Friday that Penny served between 2017 and 2021, attaining the rank of sergeant. He received several awards, including the Marine Corps Good Conduct Medal.
In an earlier statement from her legal team, Penny expressed her “condolences to those close to Mr. Neely.” The lawsuit alleges that Neely had aggressively threatened a passenger on a subway car and that Penny was unable to anticipate his death.
Donte Mills, the lawyer representing the Neely family, told reporters that Penny should be held criminally responsible for taking the law into her own hands.
“We don’t want you to be able to kill someone because you think there’s a chance they might do something to you,” Mills said. “Mr. Neely didn’t attack anyone, but he choked to death.”
The video of Neely’s death reignited a debate among New Yorkers about crime on the subway and how to deal with the city’s growing homeless population.
A spate of attacks on train passengers last year, particularly Asian Americans, prompted New York City Mayor Eric Adams to increase police patrols.
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