A man seen on video putting another man in a deadly chokehold on a New York City subway train was released on bail Friday after turning himself in to face criminal charges. Daniel Penny, a 24-year-old Marine veteran, was charged with second degree manslaughter, the Manhattan district attorney’s office said Thursday.
Jordan Neely, a 30-year-old former Michael Jackson impersonator who was homeless, died after being put in a chokehold by Penny earlier this month. Attorneys for Neely’s family on Friday supported prosecutors’ decision to charge Penny, but said he should have been charged with murder, not manslaughter, and that he should have been arrested sooner.
“Daniel Penny chose, intentionally chose, a technique to use that is designed to cut off air — that’s what he chose — and he chose to continue to hold that chokehold minute after minute, second after second, until there was no life left in Jordan Neely,” Neely family attorney Lennon Edwards told reporters Friday.
if convicted of manslaughter in the second degree, Penny could face as many as 15 years in prison. During Friday’s court appearance, he didn’t enter a plea and was released on $100,000 bond. He’s required to surrender his passport, and he can’t leave New York state without approval. His next court date was scheduled for July.
“Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time,” Manhattan District Attorney Alvin Bragg said in a statement after Penny’s arraignment.
Penny surrendered to authorities at a New York City police precinct shortly after 8 a.m. Friday was later led out of the precinct in handcuffs. His attorneys have said they expect him to be “fully absolved” as the case moves forward.
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