A U.S. Marine veteran pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide Wednesday in the fatal choking death of 30-year-old Jordan Neely on a New York City subway car last month.
Daniel Penny, 24, appeared in court Wednesday for a brief arraignment weeks after he turned himself in to police and was later indicted by a grand jury in connection with Neely’s death. The incident sparked days of protests in May and Manhattan prosecutors later announced Penny would face a manslaughter charge, which could result in up to 15 years in prison if he is convicted.
“All the evidence that we’ve seen so far and all the evidence we expect to see shows that he, that Danny acted reasonably under very difficult circumstances in a confined environment that none of us would ever want to find ourselves in,” Thomas Kenniff, one of Penny’s attorneys, told reporters Wednesday.
Steven Raiser, who is also representing Penny, said his client is “eternally grateful” for the outpouring of support including the money donated for his legal defense. Attorneys for Neely’s family have called for the manslaughter charge to be upgraded to second-degree murder.
“Daniel Penny killed a man, he took a life,” said family attorney Donte Mills Wednesday. “For everyone who thought donating $3 million would somehow make this go away or buy his pass, it’s not going to happen. It didn’t work.”
What happened to Jordan Neely?
On May 1, Penny encountered Neely, a Black man known for his Michael Jackson impression who was experiencing homelessness and mental health problems, on the city’s F train.
Neely was screaming, saying he was hungry and thirsty but did not physically attack anyone, according to a freelance journalist who witnessed the incident.
Penny said in a video statement released ahead of the arraignment Neely threatened passengers and said he was “ready to die.” Penny said although he was afraid, he restrained Neely to prevent him from “being able to carry out the threat.”
After an altercation, Penny held Neely in a chokehold on the floor of the subway car. Mills and Lennon Edwards, attorneys representing Neely’s family, previously said witnesses told them Neely defecated on himself while on the floor of the subway car, a sign he was dying.
The attorneys said Neely was in a chokehold for nearly 15 minutes, but Penny denied this, saying the interaction lasted for “only a couple of minutes.”
Neely was pronounced dead at a hospital shortly after he was placed in the chokehold. Police initially released Penny after questioning and shared few details about what happened during the struggle.
Neely’s death sparks criticism; fundraiser for Penny raises millions
Neely’s death drew criticism from homeless advocates who said Penny should have used “non-violent de-escalation techniques” to address the situation. The incident became a flashpoint in a national debate about race, crime and vigilante justice.
Penny, who is white, called suggestions that the confrontation was about race “absolutely ridiculous.”
A fundraiser for Penny’s legal bills has raised nearly $3 million after conservatives, including Florida Gov. Ron DeSantis, called for donations as a show of support. A fundraiser for Neely’s funeral expenses raised more than $150,000.
Contributing: Marc Ramirez and Claire Thornton, USA TODAY; The Associated Press
