It is anticipated that the former Marine who put Jordan Neely in a chokehold on a subway train in New York City earlier this month would turn himself in on Friday to face charges. Neely passed away following the incident.
According to a report from NBC 4 New York, the Manhattan District Attorney’s Office decided to charge 24-year-old Daniel Penny.
On Twitter, ABC Correspondent CeFaan Kim announced that Penny would face a second-degree manslaughter accusation.
Last Wednesday, the New York City medical examiner determined that Neely died from a “chokehold” and declared the occurrence to be a “homicide,” albeit it would take criminal proceedings to establish intent or responsibility.
Late this week, Penny’s legal representatives issued a statement regarding Neely’s passing, claiming that their client “was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely.”
The following statement was issued by Raiser and Kenniff, P.C. continued:
We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely. Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.
For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.
According to freelance writer Juan Alberto Vazquez and a report from The New York Post, witnesses claimed Neely went on an aggressive rant in the train on Monday afternoon, moving erratically and allegedly yelling that he did not care if he went to jail. With the aid of at least one other passenger, Penny managed to control Neely.
Neely, 30, had been taken into custody by the New York Police Department 42 times in the previous ten years.
According to the New York Daily News, Neely was most recently detained in November 2021 on suspicion of felony assault after allegedly “slugging a 67-year-old female stranger in the face.” According to reports, the attack left the woman with serious injuries, and Neely spent more than a year in prison.
New York Post reported on the incident that led to Neely’s death based on a witness account:
The 24-year-old passenger stepped in after the vagrant, identified by sources as Jordan Neely, 30, began going on an aggressive rant on a northbound F train Monday afternoon, according to police and a witness who took the video.
“He starts to make a speech,” freelance journalist Juan Alberto Vazquez said in Spanish during an interview Tuesday, referring to the disturbed man.
“He started screaming in an aggressive manner,” Vazquez told The Post. “He said he had no food, he had no drink, that he was tired and doesn’t care if he goes to jail. He started screaming all these things, took off his jacket, a black jacket that he had, and threw it on the ground.”
That’s when he said the straphanger came up behind Neely and took him to the ground in a chokehold — keeping him there for some 15 minutes, Vazquez said.