According to reports, 24-year-old Marine veteran Daniel Penny is expected to be charged with the death of homeless man, Jordan Neely.
Penny was captured on video holding Neely in a chokehold, which resulted in his death. However, the whole scenario transpired because Neely began acting erratic and unhinged, posing a danger to people on the subway train they were on. Therefore, Penny put him in a headlock to subdue him.
The Manhattan District Attorney’s Office has reportedly made the decision to file charges, but they have not been present to a grand jury.
Penny’s legal team previously stated that he could “not have anticipated” that his actions to stop a threat would result in a death.
Here's what @AOC cut out of the video
There was another guy helping restrain Jordan Neely, and he happened to be black
— Jack Poso 🇺🇸 (@JackPosobiec) May 5, 2023
NBC New York reports:
The Manhattan district attorney’s office told NBC New York that Daniel Penny will be arraigned Friday on a charge of second-degree manslaughter. Penny is expected to turn himself in as early as Friday morning.
“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” a spokesperson for DA’s office said.
An NYPD spokesperson did not returned requests for comment, nor did Penny’s attorneys — who have previously said there was no way he “could have foreseen” his bid to subdue an supposed perceived threat would turn deadly.
The charges will come more than a week after Neely’s death on May 1, and amid mounting public pressure over accountability following the medical examiner’s determination that the case was a homicide. It wasn’t clear if Bragg’s office intended to pursue charges against two other people seen restraining Neely in that video or if those people had yet been identified.
Witnesses had reported Neely, a homeless man with a lengthy criminal record and a history of mental illness, was aggressive toward other riders on a train at the Broadway-Lafayette station in SoHo. They also reported Neely hadn’t physically attacked anyone before Penny moved to subdue him. Penny was questioned by the NYPD that day and released. Then came the autopsy findings.
Neely has been arrested 44 times prior for various crimes and assaults, and was being Jordan Neely NYC subway death: Protesters sought by police …ABC7 New Yorkhttps://abc7ny.com › jordan-neely-daniel-penny-nyc-sub… for pushing someone onto the subway tracks the day before his death.