Daniel Penny, the 24-year-old former Marine who allegedly choked Jordan Neely to death on an F train in Manhattan earlier this month, was arraigned shortly after noon Friday in Manhattan Criminal Court charged with manslaughter in the second degree.
Penny, dressed in a gray suit and wearing sneakers, did not enter a plea and was released on bond. A judge ordered him to surrender his passport and not leave New York without approval. He faces up to 15 years in prison if convicted of the charge and is due back in court on July 17.
Penny left the courthouse flanked by cops and said nothing.
His arraignment came about four hours after he arrived at the NYPD 5th Precinct in Chinatown and turned himself in. He was in the stationhouse for about 2 and a half hours before being escorted to the courthouse by cops in handcuffs. Penny also said nothing while leaving the stationhouse and had his head down.
His attorney, however, issued a statement outside the stationhouse.
“He is dealing with the situation with the sort of integrity and honor that is characteristic of who he is, a characteristic of his honorable service in the United States Marine Corps,” attorney Thomas Kenniff said this morning.
Penny had been under investigation since the May 1 incident when he allegedly put Neely, a 30-year-old Black homeless man, in a chokehold that killed him.
The choking was recorded by a straphanger, with the footage going viral and triggering a wave of protests by citizens outraged that Penny was allowed to walk free immediately after the incident.
The recording showed two other men restraining Neely. It is unclear whether these men face charges.
The city’s Medical Examiner ruled Neely’s death a homicide since it was the chokehold that killed him.
Manhattan District Attorney Bragg said on May 3 that his office had launched a “rigorous ongoing investigation,” and the NYPD asked potential witnesses to the choking to come forward.
The Manhattan DA’s office spent the past 10 days interviewing witnesses and reviewing video footage captured by straphangers. The DA confirmed Thursday that Penny would be charged Friday following reports of the former marine’s imminent arrest.
Bragg’s office issued a statement following Friday’s arraignment.
“After an evaluation of the available facts and evidence, the Manhattan D.A.’s Office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges. The investigation thus far has included numerous witness interviews, careful review of photo and video footage, and discussions with the Medical Examiner’s Office,” Bragg said.
Bragg also expressed his sympathy for Neely’s family.
“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,” Bragg said.
Many argue that Penny was too aggressive and killed Neely unnecessarily in an alleged act of vigilantism. Penny was questioned by cops shortly after the incident but released a short time later.
Neely — a known Michael Jackson impersonator who was homeless — had a long history of mental illness and was reportedly threatening straphangers moments before he encountered Penny. Neely had experienced mental health issues since 2007, after his mother was brutally murdered when he was 14, according to reports. Her body was discovered stuffed inside a briefcase.
According to the Associated Press, attorneys for Penny previously said their client, along with two other riders who helped restrain Neely, had acted in self-defense.
“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,” they said in a statement.
Neely’s death sparked protests across the city, citing the incident and Perry’s initial handling by law enforcement as a prime example of ongoing racial injustice in America and New York. While most of the protests were peaceful, there were episodes of ugliness — including a May 9 demonstration in Lower Manhattan that ended with 11 arrests, including that of a New York Times photojournalist.
In an address to the city Wednesday, Mayor Eric Adams said that Neely “did not deserve to die,” and urged patience from New Yorkers as the investigation unfolded. He did not, during the address, mention Penny by name.
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