Who Is Daniel Penny? Man Who Choked Subway Rider Faces Manslaughter Charges

A former US Marine has turned himself over to the police to face a felony second-degree manslaughter charge after he was reported held homeless street artist Jordan Neely in a fatal chokehold on a New York subway train earlier this month, 

Penny’s surrender came one day after the Manhattan District Attorney’s Office confirmed that he would be arrested on a charge of second-degree manslaughter.

A spokesperson from the Manhattan District Attorney’s Office said that “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place (Friday).”

“When 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,”

the law firm of Raiser and Kenniff, PC, said in a statement.

What happened to Jordan Neely

Neely, 30, was restrained by Penny on a Manhattan subway after he started yelling that he was starving, thirsty, and had nothing to live for. At a hospital, Neely was pronounced dead.

The New York City Office of the Chief Medical Examiner announced earlier this week that his death had been classified as a homicide, albeit the classification does not imply guilt or intent. The spokesperson added that at the time, the criminal justice system should make that determination.

A witness who recorded the interaction told CNN earlier this month that Neely had been “acting erratically” prior to the event but had not attacked anyone on the train.

Neely’s passing has sparked demonstrations and brought attention back to the problems of homelessness and mental illness in America.

According to the sources familiar with the case, the DA’s office spent the weekend and the majority of this week reviewing the testimonies of witnesses who were on the train as well as video of the incident before deciding to file charges on Thursday afternoon.

Attorneys for Neely’s family were contacted by CNN on Thursday to comment on the most recent events. Neely’s family has criticized Penny’s “indifference” and called for his incarceration.

“He knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing,” the family’s attorneys have said.

Neely, who rose to fame for his Michael Jackson impressions, had mental health problems starting in 2007, when he was 14 and his mother was killed, according to the family’s lawyers.

According to his friend Moses Harper, he had been devastated by his mother’s savage murder and the subsequent finding of her remains in a suitcase.

According to a friend and a family, Neely appeared to have struggled lately.

Neely had been listed as having severe needs on a list maintained by the NYC Department of Homeless Services, which is sometimes informally referred to as the “Top 50” list because people on it frequently vanish, a source told CNN.

According to the source, the list is typically kept private but is compiled in the hopes that outreach organizations will be on the watch for those people and contact the city’s homeless services department to take action. According to the insider, the organization is more focused on trying to track down folks on the list and provide them with the assistance they require.

Police and military records reveal that Penny is a veteran who served in the US Marines. According to military records, he was a sergeant who served from 2017 to 2021. His last duty station was Camp Lejeune in North Carolina.

Penny’s attorneys said in a statement last week that Neely had been “aggressively threatening” passengers and Penny and others had “acted to protect themselves.” “Daniel never intended to harm Mr. Neely,” they said.

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