Marine veteran Daniel Penny’s attorneys are confident their client will be cleared of any charges for the ‘unforeseen and unintended’ death of Jordan Neely after reports officials will charge him with manslaughter Friday.
The city’s progressive Democrat District Attorney Alvin Bragg is set to charge Penny with second-degree manslaughter over the subway chokehold of homeless man Jordan Neely.
Penny’s lawyer Steve Raiser of Raiser & Kenniff was confident that his client will prevail in a statement to DailyMail.com
‘When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured,’ he said.
‘He risked his own life and safety, for the good of his fellow passengers.
‘The unfortunate result was the unintended and unforeseen death of Mr. Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing.’
Neely, who was homeless, was placed in a chokehold by former Marine Daniel Penny
Daniel Penny grapples with Jordan Neely on the floor of the F train on May 1
Penny, 24, is expected to surrender himself to a police station after District Attorney Alvin Bragg’s office confirmed this evening he will be charged and arraigned in Manhattan Criminal Court Friday.
The four-year Marine vet restrained Neely after he menaced terrified train passengers telling them he was ready to die at the Broadway-Lafayette Street station on May 1.
It is unclear whether any of the passengers who helped Penny subdue the homeless schizophrenic are facing sanction.
It comes after furious protesters demanded justice for Neely who has a history of vicious attacks on subway passengers including a 67-year-old woman he left with a broken nose.
Left-wing politicians like Alexandria Ocasio-Cortez earlier this week branded his death a ‘murder.’ Neely was remembered fondly by some for his Michael Jackson impersonations in Times Square.
His distraught family reacted angrily to the news that Penny was released by cops without charge after the incident.
‘Why would you release somebody who just choked someone to death?’ his uncle Christopher Neely said.
‘The Marine should never have been released at all… That was a stab in the face to all of Jordan’s family and loved ones.’
He admitted that Neely had struggled with drugs and was ‘self-medicating with K2’ – a potent synthetic cannabis.
Penny was questioned on Monday but later released. His attorneys said they had reached out to the NYPD and the DA’s office to cooperate with the investigation
NYPD officers on attempt to revive Jordan Neely as he lies on the floor of an F train
Officers outside the F train while the body of Neely is prepared to be moved to a hospital
Neely’s father said in an interview that his son began mimicking Michael Jackson at the age of four or five
Penny’s lawyers said the Long Island-native ‘could not have foreseen [Neely’s] untimely death.’
They also said the ex-Marine was merely trying to restrain Neely until the cops arrived.
The veteran’s legal team also took aim at ‘elected officials’ calling on them to ‘address the mental health crisis on our streets on subways.’
Penny’s attorney is former Republican Manhattan District Attorney candidate Thomas Kenniff, who unsuccessfully ran against Democrat Bragg in 2021.
It had earlier been reported that Bragg was planning to summon a grand jury to consider charges for Penny before he proceeded with taking action tonight.
Witnesses said that around 2.30pm on May 1, Neely was behaving erratically, throwing garbage and screaming that he wanted to ‘die’ or ‘go to jail’ because he was fed up about having no food.
Video footage shows Penny with Neely in the chokehold. For two minutes and five seconds, Neely struggled on the floor, flailing his feet. He went limp after two minutes and six seconds.
Numerous panicked bystanders called in to 911 as Penny grappled with Penny, police records show.
The New York Police Department received their first call reporting a fight on the F train at 2:25pm that day, with another report coming in a minute later.
Protests erupted in New York City last Wednesday after Neely’s death was ruled a homicide by the medical examiner
Protesters at Broadway Lafayette subway station where the incident took place
Protesters scream at NYPD officers at the Broadway Lafayette subway station last Wednesday
Police officers watch as protesters gather in the Broadway-Lafayette subway station to protest the death of Jordan Neely, Wednesday, May 3, 2023 in New York
People get onto subway tracks as they take part in a protest concerning the death of Jordan Neely at Lexington Av/63 St subway
People get onto subway tracks as they take part in a protest concerning the death of Jordan Neely at Lexington Av/63 St subway
At 2:27 pm two more calls were received – one telling of ‘threats’ being made on the train, and the other describing a rider ‘armed with a knife or gun.’
A call reporting an assault in progress was placed at 2:29pm, and at 2:30pm a second call reporting somebody making threats on the F train was made.
According to Fox News, those calls were merely a ‘summary’ of the many calls placed to police during the altercation between Neely and Penny.
The NYPD told DailyMail.com they ‘responded to multiple 911 calls’ as the incident played out.
Police said they arrived on the scene by 2:30pm and began administering CPR on Neely, who had gone limp in Penny’s grip by then.
The New York Fire Department was called for assistance at 2:39pm, and they arrived less than ten-minutes later at 2:46pm.
Neely was then taken to a nearby hospital, where he was declared dead. A medical examination revealed he died from compression of the neck. It remains whether Neely died on the subway or finally succumbed to his injuries at the hospital.
It also remains unclear exactly what time Penny first put Neely in a chokehold or how long he held him. Some witnesses have reported Penny had his arm around Neely’s neck for up to 15 minutes before he lost consciousness, according to NBC New York.
Neely had an extensive rap sheet for crimes on the subway, including vicious assaults of other passengers.
In 2021, Neely attacked an elderly woman as she left the Bowery station in the East Village. She suffered a broken nose, a fractured orbital bone, and ‘bruising, swelling and substantial pain to the back of her head’ in the November 12 attack, according to a criminal complaint.
He admitted felony assault on February 9 in exchange for a 15-month alternative-to-incarceration program, according to the Manhattan District Attorney’s Office.
He was supposed to stay in a treatment facility and stay sober.
Between January 2020 and August 2021, he was arrested for public lewdness after pulling down his pants and exposing himself to a woman, misdemeanor assault for hitting a woman in the face, and criminal contempt for violating a restraining order.
All three cases were dismissed as part of his February 9 plea deal, according to Fox News.
In June 2019, Neely assaulted 68-year-old Filemon Castillo Baltazar on the platform of the W. 4th St. Station in Greenwich Village, court records show.
‘Out of nowhere, he punched me in the face,’ the victim told the New York Daily News. He said he saw Neely before the attack rummaging in trash cans for food.
One month earlier, Neely punched a man in the face, breaking his nose on the platform of Broadway-Lafayette – the same subway station where he died.
For both 2019 cases, he pleaded guilty to misdemeanor assault and was sentenced to six months in jail.
In their statement, Penny’s attorneys said: ‘Earlier this week Daniel Penny was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely. We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely,’ the press release began.
‘Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely.
‘For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.’
Neely’s family were not impressed with Penny’s statement, and said he belongs in prison.
‘Daniel Penny’s press release is not an apology nor an expression of regret,’ they said. ‘It is a character assassination and a clear example of why he believes he was entitled to take Jordan’s life.’
‘He knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing. His actions on the train and now his words show why he needs to be in prison.’
They also begged Mayor Eric Adams to make contact with them.
‘The family wants you to know that Jordan matters,’ they said. ‘You seem to think others are more important than him. You cannot ‘assist’ someone with a chokehold.’