A New York grand jury indicted former Marine Daniel Penny on charges of second-degree manslaughter in the May 1, 2023 killing of Jordan Neely, a homeless man who allegedly was threatening passengers on a New York subway train.
Summary
A New York grand jury indicted former Marine Daniel Penny on charges of second-degree manslaughter in the May 1, 2023 killing of Jordan Neely, a homeless man who allegedly was threatening passengers on a New York subway train.
- The decision to indict Penny was brought forward by progressive Manhattan District Attorney Alvin Bragg, who charged Penny with second-degree manslaughter in May but needed the grand jury to formally indict the 24-year-old college student.
- Neely, who had an extensive history of erratic behavior, mental illness and violence towards others, reportedly began acting erratically in a subway car on the afternoon of May 1.
- While the run-up to the fatal encounter remains unclear and will presumably be revealed further at trial, Penny tried to restrain Neely after he began saying threatening things to passengers by putting him a chokehold that would result in Neely’s death.
- The chokehold was initially reported to have lasted for fifteen minutes, which was later revised to three minutes.
- Penny defended his actions, saying he was protecting himself and others after Neely reportedly shouted “I’m gonna kill you” and told passengers he was “ready to die” or go to prison.
- Penny was arraigned in May on the charges of second-degree manslaughter, which carry a maximum penalty of 15 years in prison. Penny was released on Bond and his next court hearing is scheduled for July 17.
- NBC News covered Penny’s video statements that were released by his attorneys to bolster his defense. Penny disputed claims that he placed Neely in a 15-minute chokehold and said the entire interaction was “less than five minutes.” Penny said that the “three main threats” he heard from Neely were: “I’m going to kill you,” “I’m prepared to go to jail for life,” and “I’m willing to die.”
- CNN noted Neely was on the New York City Department of Homeless Services’ “Top 50” list for homeless persons with the most serious needs, so he was well-known to city authorities as a person in need of intervention and assistance.
- The New York Times observed, “The grand jury process heavily favors prosecutors and, for many defendants, a vote to indict is expected. But former prosecutors had said that Mr. Penny’s chances of escaping an indictment might be better than most, given the circumstances on the subway car.”
- The New York Post noted Neely had had “scores of run-ins” with police before he began yelling at passengers and throwing garbage, sparking the fatal encounter with Penny.
- The Neely family attorneys said the indictment was a sign that the criminal justice system “worked,” according to the Wall Street Journal. Penny’s lawyer, Steven Raiser, said in a statement: ““While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing.”
- Clashes between Penny and Neely’s attorneys have been playing out in the media for weeks. Fox News reported one of Penny’s attorneys called the Neely family’s lawyer “very wrong on the law” for claiming that because Neely did not physically strike anyone, Penny “acted with indifference.”
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© Dominic Moore, 2023
