The charges come nearly two weeks after Daniel Penny pinned fellow subway rider Jordan Neely to the floor of a subway car and put him in a chokehold that lasted for several minutes.
A group of several hundred people protest the death of Jordan Neely, Friday, May 5, 2023, at Washington Square Park in New York.
Daniel Penny, a 24-year-old U.S. Marine Corps veteran, will be arrested and face a charge of second degree manslaughter, which could carry a jail term of up to 15 years.“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” the Manhattan district attorney’s office said in a statement.
Attorneys for Penny did not immediately respond to a request for comment. They previously said their client, along with two other riders who helped restrain Neely, had acted in self-defense. A former subway performer known for his spot-on Michael Jackson impression, Neely struggled in recent years with homelessness and worsening mental illness, friends said. He had been arrested several times, and had recently pleaded guilty to assaulting a 67-year-old woman in 2021 as she left a subway station. After pleading guilty, he missed a court date, leading to a warrant for his arrest that was still active at the time of his death.
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