Ex-Marine charged in subway death.

Marine Veteran Turns Himself in After Chokehold Death

Daniel Penny Faces Manslaughter Charge

On May 12, 2023, Daniel Penny, a Marine veteran, turned himself in to authorities after being charged with second-degree manslaughter in the death of Jordan Neely. Penny had placed Neely in a chokehold on May 3rd after the homeless man had reportedly been acting erratic and threatening riders along the subway in New York City.

According to witness reports, Neely had been acting in a “hostile and erratic manner” toward passengers on the train when Penny, along with two other passengers, restrained him. Neely lost consciousness and was placed in the recovery position by Penny. When EMTs arrived, they were unable to revive him, and Neely was transported to the hospital where he was declared dead.

The Medical Examiner’s office ruled the death a homicide caused by pressure to the neck. Penny’s attorney released a statement offering condolences to those close to Mr. Neely and stating that Mr. Neely began aggressively threatening Daniel and the riders on the subway, including Penny, acted to protect themselves.

Marine Veteran Defends Himself and Others

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 and could not have foreseen his untimely death.

Penny’s attorney, Tom Kenniff, addressed reporters as he turned himself in, stating that Penny turned himself in voluntarily and with the dignity and integrity characteristic of his service to this grateful nation. The case will now go to court, and an arraignment is expected this afternoon. A grand jury is set to hear the evidence in the case next week, and the maximum penalty for second-degree manslaughter is 15 years.

Conclusion

As a rise in violent crime continues to plague areas across the nation, it is important to remember that individuals have the right to defend themselves and others. In this case, Daniel Penny acted to protect himself and his fellow New Yorkers, risking his own life and safety for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely.