Marine vet Daniel Penny turns himself in on charges in subway chokehold death

A screen grab from a video posted on Friday, May 5, 2023, shows Marine veteran Daniel Penny restraining Jordan Neely with a chokehold on a NYC subway train. 

Daniel Penny turned himself in to New York City authorities on Friday on a charge of second-degree manslaughter after he was filmed placing Jordan Neely in a fatal chokehold on a subway train earlier this month.

Steven M. Raiser, one of Penny’s attorneys, told The Washington Post that the 24-year-old Marine Corps veteran turned himself in at Manhattan Criminal Court on Friday morning.

“He is fully cooperating, turning himself in at 8 a.m. as instructed by police and is being processed for arraignment,” Raiser said.

The fatal incident on May 1 sparked calls for an arrest and charges against Penny when video of the encounter showed him putting Neely, a 30-year-old man experiencing homelessness, in a minutes-long chokehold. Penny was initially released without charges, which led to protests and outrage from public officials after the video went viral. According to police, witnesses described Neely as acting in a “hostile and erratic manner.”

After New York’s chief medical examiner ruled on May 3 that Neely’s death was a homicide, the Manhattan district attorney’s office confirmed Thursday that Penny would face a second-degree manslaughter charge.

If convicted, Penny could face between one to 15 years in prison, according to state law.

Officials with the Manhattan district attorney’s office did not immediately respond to a request for comment early Friday. A spokesman with the New York Police Department confirmed to The Post that Penny arrived at Manhattan’s Fifth Precinct “moments ago, so it’ll be a little bit before he’s processed and charged.”

“He’s at the Fifth Precinct waiting for the formal charges from us to come,” the detective said.

It’s unclear how long Penny’s arraignment will last, but the spokesman said he expected Penny to head to central booking by the end of Friday. “He’ll be there for a little while. It’s not going to be 20 minutes, I’ll tell you,” the detective said.

Penny was seen walking into the police station on Friday morning wearing a suit.

Raiser and Thomas A. Kenniff, Penny’s attorneys, said in a statement to The Post on Thursday that they were “confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing.”

“When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety, for the good of his fellow passengers,” the attorneys said. “The unfortunate result was the unintended and unforeseen death of Mr. Neely.”

On the day of the incident, Penny had placed Neely in a chokehold for several minutes, according to a witness and video of the encounter.

Shortly after 2 p.m. on May 1, Neely walked into the F train at the Second Avenue station and began shouting that he was hungry and thirsty, said freelance journalist Juan Alberto Vazquez, who was aboard the train and recorded the fatal chokehold.

“I don’t have food, I don’t have a drink, I’m fed up,” the man screamed, according to Vazquez. “I don’t mind going to jail and getting life in prison. I’m ready to die.”

Vazquez said Neely then “removed his jacket and aggressively whipped it to the floor” of the train. As Neely started shouting, much of the subway car cleared out, Vazquez said.

That’s when Penny pinned Neely to the ground and placed him in a chokehold while two other passengers helped restrain him, video recorded by Vazquez shows. Neely, video shows, flailed his arms, kicked his legs and struggled to free himself before Penny released him and put him on his side.

Neely, who appeared unconscious at the conclusion of the video, was pronounced dead at the hospital, authorities said.

Neely used to perform on the subway as a moonwalking Michael Jackson impersonator and had been placed in foster care after his mother was murdered when he was 14, Gothamist reported. Public records listed the Bronx as his address.

Authorities have not said how long he had been in the chokehold, but Vasquez wrote on Facebook that the men were in that position “for about 15 minutes” while bystanders and the train operator called the police.

Days after the incident, Penny, who authorities had not yet publicly identified, released a statement saying that he acted in self-defense after Neely “aggressively” threatened him and other passengers. In the three paragraphs released May 6 by his lawyers, Penny, a college student and Marine veteran, said that he “never intended to harm Mr. Neely and could not have foreseen his untimely death.”

Penny served in the Marines as a rifleman from 2017 to 2021, reaching the rank of sergeant, according to records provided by the service. A Marine Corps spokesperson said in an email that the service is aware of the incident involving Penny and will cooperate, if asked, with the agencies investigating the events.

Neely’s death prompted outrage among some public officials. Rep. Alexandria Ocasio-Cortez (D-N.Y.) called the incident “disgusting” and labeled the man who placed Neely in the chokehold a “murderer.” The Rev. Al Sharpton had also urged authorities to pursue manslaughter or murder charges.

New York Mayor Eric Adams (D), who has made subway safety a focus during his administration, said in a statement to The Post on Thursday that he appreciated Manhattan District Attorney Alvin Bragg (D) for investigating the matter and bringing the charge against Penny.

“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely,” Adams said. “I have the utmost faith in the judicial process, and now justice can move forward against Daniel Penny.”