NEW YORK (TCD) — The Manhattan District Attorney’s Office announced they are bringing charges against a 24-year-old Marine who put a man in a fatal chokehold on the subway May 1.
The New York Times reports the Manhattan District Attorney’s Office confirmed in a statement, “Daniel Penny will be arrested on a charge of manslaughter in the second degree. We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”
According to WPIX-TV, Penny planned to turn himself in to authorities Friday, May 12.
The victim, Jordan Neely, and Penny crossed paths on the F train Monday, May 1. Neely, who was reportedly homeless, got on the subway and allegedly started making threatening statements to the other riders. Juan Alberto Vasquez was on the same train as Neely and told WPIX Neely made comments such as, “I don’t mind going to jail and getting life in prison,” and “I’m ready to die.”
Neely also reportedly said he was “fed up.”
As Neely allegedly yelled on the train, Penny came up behind him and put him in the chokehold that lasted several minutes. Vasquez recorded the incident on his phone.
Officials initially took Penny into custody for questioning but later released him. Major protests ensued around Manhattan and in the subway following Neely’s death, which was ruled a homicide.
According to The New York Times, Penny’s attorneys said the Marine veteran “never intended to harm Mr. Neely and could not have foreseen his untimely death.”
The attorneys also said Neely was “aggressively threatening” Penny and other commuters, so Penny, “with the help of others, acted to protect themselves, until help arrived.”
Neely’s family’s attorney, however, argued he was “robbed of his life in a brutal way by someone who decided that they were judge, jury, and executioner on the spot.”
Two other men helped Penny hold Neely down until the subway arrived at the next station and police got aboard.
Neely was known around New York City for his Michael Jackson impressions and dances.
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