Former US marine charged over fatal New York subway chokehold
A decorated US Marines veteran has been charged with manslaughter after a homeless black man was choked to death on the New York subway.
Daniel Penny surrendered himself to officers at the New York Police Department’s fifth precinct before being taken to Manhattan Criminal Court to be formally arraigned.
He was later released on $100,000 (£80,000) bail and is due back in court on July 17.
Mr Penny faces a potential jail sentence of up to 15 years if he is convicted of the second-degree manslaughter of Jordan Neely.
Both men were travelling on a subway train in Manhattan on May 1.
According to eyewitnesses, Neely, a Michael Jackson impersonator, was acting in an aggressive, erratic and hostile manner when he boarded the train.
At one point, he was shouting: “I would kill a motherf-----r! I don’t care! I’ll take a bullet! I’ll go to jail!” because he would kill people on the train.
Mr Penny and two other men then proceeded to subdue Neely. According to a four-minute video of the scene, Mr Penny continued to hold Neely in the chokehold for about 50 seconds after he stopped moving.
Crime on the subway system has become a growing problem in New York with Eric Adams, the city’s mayor, pledging to deploy more police officers on the network.
The death of Neely, a homeless man with mental health issues and a long criminal record with 40 arrests including for violence, has polarised opinion in the city.
One passenger on the train, a 66-year-old woman who declined to be identified, told the New York Post that she supported Mr Penny.
She said: “I hope he has a great lawyer, and I’m praying for him. And I pray that he gets treated fairly. I really do.
“Because after all of this ensued, I went back and made sure that I said ‘thank you’ to him.”
However, protesters and senior members of New York City Council have described Neely’s death as murder.
Ex-marine ‘risked his own life and safety’
Mr Penny’s lawyers defended his action in a statement, saying: “Then Mr Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured.
“He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr Neely.
“We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr Penny will be fully absolved of any wrongdoing.”
