The New York Grand Jury convened to indict former Marine Daniel Penny has charged him with one count of criminally negligent homicide and one count of second-degree manslaughter. Penny is being accused of causing the chokehold death of Jordan Neely, a mentally-ill homeless man, on a New York City subway on May 21.
The event has deeply divided New York City, with some praising Penny as a hero while others condemn him as a murderer.
Neely, notorious for his violent attacks on subway riders, entered the subway at the Second Avenue station in Manhattan, threatening passengers. According to Penny, he intervened to protect his fellow passengers, who were scared and trapped in the subway car with nowhere to go.
Penny, who was 24 at the time of the incident, gave an account of the situation in a video released by his lawyers. He stated that Neely stumbled into the train car, appearing to be on drugs, and started hurling threats at the passengers, repeatedly stating that he was prepared to kill, willing to die, and ready to face life imprisonment.
In response to the threats, Penny, assisted by two other men, approached Neely from behind, applied a chokehold, and brought him to the floor, restraining him until he became unresponsive. Captured cellphone footage showed the final four minutes of the incident, with a passenger warning Penny, “You’re going to kill him.”
Following the incident, the city medical examiner ruled Neely’s death a homicide from compression of the neck, leading to Penny’s indictment. Penny’s action sparked citywide protests, blocking traffic and halting train service, demonstrating the polarized public opinion about the event.
If convicted of second-degree manslaughter, Penny could face a prison sentence ranging from five to 15 years. Despite his legal troubles, Penny has garnered support from several quarters, with rock musician Kid Rock reportedly being the top donor to his defense fund.
