Daniel Penny, the former marine who placed Jordan Neely in a chokehold that led to the 30-year-old’s death while on an NYC subway train, has pled not guilty to charges of second-degree manslaughter and criminally negligent homicide.
According to ABC News, the 24-year-old Penny has been released after paying the $100,000 bail. He’s next scheduled to appear in court on October 25, 2023.
Court documents reveal that Neely, who was homeless, entered the subway at the 2nd Avenue station. After getting on the F train, he allegedly threatened several people, but no one in particular. As seen in several videos capturing the incident, Penny placed Neely in a chokehold for several minutes, even after the homeless man went limp.
Penny said to police officers after the incident, “He came on, and he threw s—, he’s like ‘I don’t give a s—, I’m going to go to prison for life’ and stuff, so I just came up behind him and put him in a chokehold. He was threatening everybody.”
Police officers allowed Penny to leave the scene and did not make an arrest until two weeks later. Critics blasted police officials for allowing Penny, a white man, not to be detained for killing Neely, a homeless Black man. The incident made headlines nationwide, and Penny wasn’t immediately questioned or taken into custody despite the outrage.
Penny’s attorney, Thomas Keniff, is confident his client will walk away a free man. “We are a long way off from trial, but all the evidence we’ve seen is that our client acted under the law.”
Meanwhile, family members of Neely were seated in the courtroom. Seated behind them were family members of Penny.
“Daniel Penny did not have the courage to look Mr. Jordan’s father in the eye,” Dante Mills, Neely’s family attorney, said.
Penny faces five to 15 years in prison if convicted of the second-degree manslaughter charge.