Man Who Choked NYC Subway Passenger to Loss of life to Face Manslaughter Cost, prosecutors say

Man Who Choked NYC Subway Passenger to Loss of life to Face Manslaughter Cost, prosecutors say

A gaggle of a number of hundred individuals protest the loss of life of Jordan Neely, Friday, Could 5, 2023, at Washington Sq. Park in New York. Neely, a locally-known Michael Jackson impersonator who pals say suffered from worsening psychological well being, died Monday, Could 1, when a fellow rider pulled him to the ground and pinned him with a maintain taught in Marine fight coaching. (AP Photograph/Brooke Lansdale)

By Jake Offenhartz and Michael R. Sisak

A person who stored a chokehold across the neck of an agitated fellow passenger within the New York Metropolis subway, resulting in the opposite rider’s loss of life, turned himself in to authorities Friday on a manslaughter cost that would ship him to jail for 15 years.
Manhattan prosecutors introduced Thursday they’d carry the legal cost towards Daniel Penny, 24, a U.S. Marine Corps veteran, within the Could 1 loss of life of Jordan Neely, 30.

Penny turned himself in at a Manhattan police station Friday morning.

Neely’s loss of life, captured on video by a contract journalist, has raised an uproar over many points, together with how these with psychological sickness are handled by the transit system and town, in addition to crime and vigilantism.

Thomas Kenniff, considered one of Penny’s attorneys, stated Penny turned himself in “voluntarily and with the form of dignity and integrity that’s attribute of his historical past of service to this grateful nation.”

In a short assertion to reporters outdoors the police station, Kenniff stated that he anticipated an arraignment later Friday and that the method “will unfold from there.”

Requested how Penny was feeling, Kenniff stated his shopper “is coping with the scenario, like I stated, with the form of integrity and honor that’s attribute of who he’s and attribute of his honorable service in the US Marine Corps.”

Penny’s attorneys have stated he acted in self-defense when he restrained Neely.

In response to an onlooker, Neely, who’s Black, had been screaming and begging for cash aboard the prepare, however had not gotten bodily with anybody.

Penny, who’s white, was questioned by police within the aftermath however was launched with out costs.

Associates of Neely stated the previous subway performer had been coping with homelessness and psychological sickness in recent times. He had a number of arrests to his identify, together with the 2021 assault of a 67-year-old lady leaving a subway station.

A second-degree manslaughter cost in New York would require the jury to seek out that an individual has engaged in reckless conduct that creates an unjustifiable danger of loss of life, after which consciously disregards that danger.

The regulation additionally requires that conduct to be a gross deviation from how an inexpensive individual would act in an identical scenario.


Related Press author Karen Matthews contributed to this report.

Updates with the most recent particulars.