Prosecutors to charge ex-marine in chokehold killing of Jordan Neely on New York subway

Manhattan prosecutors said Thursday they will bring criminal charges against a man who used a deadly chokehold on an unruly passenger on a New York City subway train, an incident that has sparked outrage and debate over the response to mental illness in the nation’s largest transit system.

Daniel Penny, a 24-year-old U.S. Marine Corps veteran, will be arrested and faces charges of second-degree murder, which could carry up to 15 years in prison.

“We cannot provide additional information until he is arraigned in Manhattan Criminal Court, which is expected to take place tomorrow,” the Manhattan district attorney’s office said in a statement.

The charges come nearly two weeks after Penny pinned fellow subway rider Jordan Neely, 30, to the floor of a subway car and put him in a chokehold that lasted for several minutes.

According to a freelance journalist who witnessed the struggle, Neely had screamed and demanded money on the train before taking it, but did not attack anyone.

Penny’s attorney did not immediately respond to a request for comment.

He previously said his client, along with two other riders who helped stop Neely, had acted in self-defense.

“Daniel never intended to harm Mr. Neely and could not have predicted his death,” he said in a statement.

Neely struggled with mental illness, friends said

A former subway performer known for his Michael Jackson impression, Neely struggled with homelessness and a growing mental illness in recent years, friends said. He has been arrested several times, and recently pleaded guilty to assaulting a 67-year-old woman in 2021 as she left a train station.

After pleading guilty, Neely missed a court date, leading to a warrant for his arrest that was still active at the time of his death. His death has divided some in New York and beyond, sparking intense debate and protests.

Some described the killing as an act of racist vigilantism, drawing comparisons to Bernhard Goetz’s infamous subway shooting of four teenagers in 1984.

Others, including Mayor Eric Adams, urged caution, asking New Yorkers to wait for the facts and a full investigation.

He notes that much is still unknown about what causes the chokehold. As the investigation continues, Manhattan District Attorney Alvin Bragg faces pressure to arrest him.