During his Manhattan arraignment on Wednesday morning, Daniel Penny, a 24-year-old U.S. Marine veteran, pleaded not guilty.
He pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in relation to the chokehold death of Jordan Neely.
The arraignment proceedings lasted approximately five minutes, during which Penny appeared in court wearing a navy blue suit and entered a plea of not guilty.
He was granted the same bail conditions of $100,000 that had previously led to his release from custody.
Jordan Neely, a 30-year-old homeless man, had a lengthy criminal record involving assaults on subway riders and a history of mental illness.
Jordan Neely’s death occurred following a tumultuous altercation on an F train subway car, where witnesses reported that he had threatened other passengers.
Daniel Penny intervened in the situation, restraining Neely with a chokehold and, with the assistance of another subway rider, bringing him to the floor.
Daniel Penny Video
Part of the scuffle was captured on video by another passenger.
“Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving,” Manhattan District Attorney Alvin Bragg said in a statement. “I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss.”
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Open in new tab There are critics who argue that the decision to prosecute Daniel Penny is politically motivated and assert that the veteran acted in self-defense or to safeguard other passengers.
In an interview with Fox News Digital in June, Penny stated, “If [Neely] had carried out his threats, he would have killed somebody.”
Penny recounted that on the afternoon of May 1, he was en route to the gym when an agitated Neely boarded the train at the Second Avenue station in Manhattan.
Neely allegedly began yelling at passengers and panhandling.
“I don’t care if I have to kill an F, I will,” Neely ranted, according to another rider. “I’ll go to jail, I’ll take a bullet.”
Neely’s disruptive behavior made other passengers feel uncomfortable, prompting Daniel Penny to step in and intervene.
“I was scared,” he said in the June interview. “I looked around, and I saw older women and children, and they were terrified.”
Following the incident, police initially questioned Daniel Penny and released him without arrest.
However, it wasn’t until May 12, approximately 11 days later, that he was eventually arrested.
The decision to arrest Penny came after increasing public outcry surrounding the case.
Daniel Penny is facing charges of manslaughter and criminally negligent homicide, which, if convicted on both counts, could result in a prison sentence of up to 19 years.
Jordan Neely, who has been described as a Michael Jackson impersonator, had a history of violence, including a recent assault on a 67-year-old woman at a subway station in 2021.
According to the New York Post, which shares common ownership with Fox News Digital, city authorities were aware of Neely’s mental illness and noted instances where he displayed signs of suicidal tendencies.
