Daniel Penny surrenders to police for chokehold death of Jordan Neely on Manhattan subway train
NEW YORK — Daniel Penny, the former Marine caught on video holding Jordan Neely in a deadly chokehold on a New York City subway train, surrendered Friday morning to police at the Fifth Precinct stationhouse in Chinatown.
He’s expected to be charged with second-degree manslaughter later in the day, according to the Manhattan District Attorney’s office.
“Shortly after 8 a.m. this morning Daniel Penny surrendered at the Fifth Precinct at the request of the New York County District Attorney’s office,” his defense lawyer Thomas Kenniff said. “He did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation. The case will now go to court.”
The Marine was recorded May 1 on the floor of the F train with his arm around the throat of Neely, a former subway busker who made money impersonating Michael Jackson.
Neely died shortly afterward.
Penny was questioned by police later that day but was released without charges.
Neely, 30, died from compression on his neck, the city Medical Examiner ruled two days later, declaring his death a homicide.
Neely had entered the train at the Broadway/Lafayette station ranting about being hungry and needing money, Freelance journalist Juan Alberto Vazquez, who was riding aboard the train and took video of the lethal confrontation.
“I don’t have food, I don’t have a drink, I’m fed up,” Neely said, according to the journalist. “I don’t mind if I go to jail and (get) life in prison ... I’m ready to die.”
Neely “didn’t seem like he wanted to hurt anyone,” Vazquez wrote on a Facebook post.
According to cops, Neely yelled and threw garbage at commuters, prompting an argument with Penny.
During the diatribe, Penny allegedly came up behind him and put him in a chokehold. Video shows the two men on the floor of the subway train with Penny’s legs wrapped around Neely’s and his arm firmly around his neck.
Penny’s lawyer, Thomas Kenniff, who ran against District Attorney Alvin Bragg in 2020, suggested that his client acted in self-defense.
“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived,” Kenniff, and his co-counsel Steven Raiser, said in a statement.
Penny’s family rejected that version of the incident.
“It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message,” Donte Mills and Lennon Edwards, lawyers for Neely’s family, said in a statement at the beginning of the week.
“He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison,” they added.
The jarring video of the chokehold and the news of Neely’s death prompted angry reactions from New Yorkers and local politicians.
Hundreds of protesters and police faced off during marches and vigils throughout the week after the killing.
More than a dozen protesters, and a photojournalist, were arrested at various protests across Manhattan. Racial justice activists questioned why Penny, who is white, was not arrested immediately for the death of Neely, who is Black.
They chanted “Justice for Jordan Neely.” and other slogans.
Demonstrators climbed onto the railbed of the busy Broadway-Lafayette station, blocking train traffic and risking arrest and electrocution.
“NYC is not Gotham,” city Comptroller Brad Lander tweeted Wednesday. “We must not become a city where a mentally ill human being can be choked to death by a vigilante without consequence.”
Mayor Adams initially cautioned patience and asked the public to allow the authorities to investigate the case and called Lander’s remarks “irresponsible.”
“There’s a lot we don’t know about what happened here,” Adams said in a statement Wednesday. “However, we do know that there were serious mental health issues in play here, which is why our administration has made record investments in providing care to those who need it and getting people of the streets and the subways, and out of dangerous situations.”
Rep. Alexandria Ocasio-Cortez quickly slammed Adams’ ambivalent response, calling Neely’s death a “public murder.”
”This honestly feels like a new low: not being able to clearly condemn a public murder because the victim was of a social status some would deem ‘too low’ to care about,” the Queens congresswoman tweeted.
The Manhattan District Attorney’s office said earlier that the investigation into Neely’s death was a “solemn and serious matter.”
“As part of our rigorous ongoing investigation, we will review the Medical Examiner’s report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records,” an office spokesman said.
Penny joined the Marines in 2017 and left the corps in 2021 with the rank of sergeant. During his tour of duty he received many accolades including the Marine Corps Good Conduct Medal, the National Defense Service Medal and the Global War on Terrorism Service Medal.
He served in the Mediterranean and his last assignment was in Camp Lejeune, North Carolina, Marine Corps officials said.