A U.S. Marine veteran who placed an agitated New York City subway passenger in a chokehold, killing him and sparking outrage as bystander video went viral, surrendered Friday on a manslaughter charge filed nearly two weeks after the deadly encounter.
Daniel Penny, 24, was freed pending trial hours after turning himself in at a police station and appearing in court to answer criminal charges in the May 1 death of Jordan Neely, a former subway performer with a history of mental illness. Penny did not enter a plea.
Assistant District Attorney Joshua Steinglass said Neely had been making threats and “scaring passengers” when Penny approached him from behind and placed him in a chokehold. Penny “continued to hold Mr. Neely in the chokehold for several minutes,” even after he stopped moving, Steinglass said. Thomas Kenniff, a lawyer for Penny, said he didn’t mean to harm Neely and is dealing with the situation with the “integrity and honor that is characteristic of who he is and characteristic of his honorable service in the United States Marine Corps.”
Neely’s father, Andre Zachery, wept as another family lawyer, Lennon Edwards, recounted the last moments before Penny tackled Neely to the ground and put him in a chokehold.Neely, remembered by some commuters for his Michael Jackson impersonations, had been dealing with homelessness and mental illness in recent years, friends said. Neely had been arrested multiple times and had recently pleaded guilty for assaulting a 67-year-old woman leaving a subway station in 2021.
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