The Navy veteran involved in the death of Jordan Neely aboard a New York City subway car earlier this month will be indicted on criminal charges as early as Friday, prosecutors said.
Former Marine Daniel Penny is expected to be charged in Neely’s death Friday, according to Manhattan prosecutors. USA Today reported that Penny will be “arrested and faces a charge of second-degree manslaughter, which could carry up to 15 years in prison.”
The Manhattan district attorney’s office said in a statement: “We are unable to provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect will take place tomorrow.”
WNBC also reports that Penny will be charged by Friday, citing three sources familiar with the matter.
Penny, 24, is expected to surrender to authorities as soon as Friday.
Neely was allegedly acting erratically and harassing other subway passengers on May 1. Penny can be seen on video subduing Neely on the F train by placing him in a choke hold. Neely lost consciousness and died.
The New York City Office of the Chief Medical Examiner ruled Neely’s death a homicide.
Neely allegedly suffered from mental illness and was homeless. The 30-year-old Michael Jackson impersonator was reportedly arrested 42 times between 2013 and 2021, including four alleged assaults. At the time of his death, Neely had an active warrant for felony assault in connection with a 2021 attack on a 67-year-old woman.
Penny’s lawyers said in a statement: “Daniel never intended to harm Mr Neely and could not have foreseen his untimely death.”
Lawyers noted that two other subway riders helped restrain Neely and that passengers acted to protect themselves.
A GiveSendGo fundraising campaign was launched earlier this week to help pay for “Neely’s legal fees arising from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense”.
A video was released this week showing Penny placing Neely in a “recovery position.”
Democrats declared that Neely was “lynched” and “murdered.”
Rep. Ayanna Pressley (D-Mass.) proclaimed, “Black men deserve to grow old, not be lynched on a subway because they were having a mental health crisis. Jordan deserved better. Accountability now.”
Rep. Alexandria Ocasio-Cortez (DN.Y.) stated that “Jordan Neely was murdered.”
New York City Mayor Eric Adams (D) said: “One of our own is dead, a black man, black like me. A man named Jordan, the name I named my son. A New Yorker who struggled with tragedy, trauma and mental illness. A man whose last words were a cry for help. A man named Jordan Neely.”
Daniel Penny Charges Jordan Neely Chokehold Death Could Come Friday: Sources | NBC New Yorkwww.youtube.com
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