Marine to face charges for putting man in chokehold on NYC subway resulting in death.

Former Marine to Face Manslaughter Charges in Subway Chokehold Case

A former Marine is expected to turn himself in on Friday to face criminal charges in the case of Jordan Neely, who died after being put in a chokehold on a New York City subway train earlier this month. The decision to charge 24-year-old Daniel Penny was made by the Manhattan District Attorney’s Office, according to a report from NBC 4 New York.

Charged with Manslaughter in the Second Degree

ABC Correspondent CeFaan Kim wrote on Twitter that Penny will be charged with Manslaughter in the Second Degree. The New York City medical examiner confirmed last Wednesday that Neely died from a “chokehold” and ruled the incident a “homicide,” although criminal proceedings would be necessary to determine intent or culpability.

Attorneys Release Statement on Neely’s Death

Penny’s attorneys released a statement on Neely’s death late last week, saying that their client “was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely.” The statement, released by the law firm of Raiser and Kenniff, P.C., continued:

• We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely.
• 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 and could not have foreseen his untimely death.

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 History of Violence and Arrests

Witnesses said Neely embarked on an aggressive rant in the subway on Monday afternoon, moving erratically and allegedly screaming that he did not care if he went to jail, according to freelance journalist Juan Alberto Vazquez and a report from The New York Post. Penny subdued Neely with the help of at least one other passenger.

Neely, 30, had been arrested a staggering 42 times over the past decade by the New York Police Department. The New York Daily News reported that Neely was most recently arrested in November 2021 on felony assault charges after being accused of “slugging a 67-year-old female stranger in the face.” The woman reportedly had serious injuries from the attack and Neely was jailed for over a year.

This report has been updated to include additional information.