A Manhattan grand jury has voted to indict Daniel Penny, the Marine veteran who held Jordan Neely in a fatal chokehold on a New York City subway. Penny, 24, is facing second-degree manslaughter charges. The formal announcement of the sealed grand jury’s indictment is expected to be made by the Manhattan District Attorney on Thursday.
Last month, Daniel Penny surrendered to the police to face the charge of second-degree manslaughter and was subsequently released on a $100,000 bond. The incident occurred on May 1 when Penny restrained Neely, a 30-year-old Black man and street artist who was unhoused, in a chokehold after Neely began shouting on the subway train that he was hungry and thirsty and didn’t care if he died. Penny held Neely on the train floor in the chokehold until he stopped breathing. The medical examiner classified Neely’s death as a homicide.
In May, Daniel Penny expressed his deep sadness over the loss of life to the New York Post. The case has become a contentious one, shedding light on the city’s treatment of unhoused individuals. Neely was listed by the New York City Department of Homeless Services as one of the city’s homeless with acute needs, commonly referred to as the “Top 50” list internally, as individuals on the list often go missing, according to a source.
Daniel Penny told the newspaper that he would take similar action in a present situation if there was a perceived threat and danger. He asserted that he is not a White supremacist and that race was not a factor.
The law firm representing Neely’s family, Mills & Edwards LLP, released a statement on Wednesday expressing their belief that the indictment is the right outcome for the wrongdoing committed. They expressed faith in the criminal justice system and deemed that it worked in this instance.