Daniel Penny Indicted in Jordan Neely’s Death

Former Marine Daniel Penny was indicted in relation to the May death of a subway passenger who was allegedly harassing other riders. The exact charges have not yet been revealed, though will be at an unannounced future arraignment, though the New York Post reported that the charges are likely second-degree manslaughter and criminally negligent homicide.

The decision was praised by New York City Mayor Eric Adams (D), who said that District Attorney Alvin Bragg (D) conducted a “thorough investigation into the death of Jordan Neely.” 

“Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward,” the mayor said.

Penny was arrested last month on second-degree manslaughter charges, which could carry up to 15 years in prison. 

However, Penny’s attorneys said that they “fully expect that Danny will be exonerated of all charges.”

The charges stem from a May confrontation on the subway, in which Jordan Neely, who was homeless, was caught on video harassing other passengers on the subway. 

After increasingly confrontational actions, Penny and another passenger restrained Neely. Penny held Neely in a headlock, resulting in him passing out and later being pronounced dead. 

The New York City medical examiner’s office said that Neely died due to a “compression of neck (chokehold).”

Attorneys representing Neely’s family accused Penny of holding Neely for 15 minutes, though this is disputed by Penny. The Marine Corps veteran said that the entire confrontation occurred over the course of five minutes. 

Neely’s family is seeking Penny to face murder charges. 

Penny said that he was “trying to restrain him,” adding that “in the video there’s a clear rise and fall of his chest, indicating that he’s not breathing. I’m trying to restrain him from being able to carry out the threats.” 

Furthermore, Penny said that he “didn’t see a Black man threatening passengers. I saw a man threatening passengers, a lot of whom were people of color.”