Ex-marine to be charged for choking man to death on New York subway

US ex-marine Daniel Penny is to be charged with the manslaughter of homeless man Jordan Neely on the New York underground. He is accused of holding Neely in a chokehold on May 1, from which he later died.

Penny, 24, turned himself in to the Manhattan Police today and is expected to be arraigned before the court later to answer the charges.

The Associated Press posted this video on Twitter of Thomas Kenniff, Mr Penney’s lawyer. The Associated Press said:

“Daniel Penny, the Marine veteran who fatally choked New York subway rider Jordan Neely, turned himself in Friday on a manslaughter charge that could send him to prison for 15 years.”

Daniel Penny, the Marine veteran who fatally choked New York subway rider Jordan Neely, turned himself in Friday on a manslaughter charge that could send him to prison for 15 years. https://t.co/mskeHRAyvO pic.twitter.com/t4KtOrtQZk

— The Associated Press (@AP) May 12, 2023

The incident in which Jordan Neely was said to be shouting at passengers and asking for money, before being restrained and choked by Daniel Penny. According to some commentators, Neely was still alive after being restrained.

1776 posted on Twitter: “BREAKING: Full footage reveals former Marine Daniel Penny putting Jordan Neely in ‘recovery position’, passengers complimenting him. This needs to go viral. Killers don’t get complimented by strangers and they don’t put people in the recovery position.”

BREAKING: Full footage reveals former Marine Daniel Penny putting Jordan Neely in ‘recovery position’, passengers complimenting him.

This needs to go viral. Killers don’t get complemented by strangers and they don’t put people in the recovery position. pic.twitter.com/mYhZsrSW2g

— 1776 (@TheWakeninq) May 8, 2023

This video seems to show a different viewpoint from the original video, with Penny apparently putting a still-breathing Neely in the recovery position. But the incident sparked outrage in New York and protests were held in the streets as well as blocking subway tracks.

Those who stand with Jordan Neely see this as a race-related issue or a homeless issue,  or both. Neely’s family also spoke out, telling of his history of mental illness since his mother was brutally murdered when he was 14 years old.

Neely, who has been arrested numerous times, including for the assault of a 67-year-old woman in 2021, apparently died from neck compression, implicating Penny.

With Penny being charged with second-degree manslaughter – a charge that suggests the death was caused by reckless rather than intentional behaviour – Penny is facing up to a possible 15-year jail term.