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Daniel Penny charged with second-degree manslaughter

Daniel Penny, the 24-year-old man who put Jordan Neely in a fatal chokehold on the New York City subway, has been arrested and charged.

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Daniel Penny arrested and charged.
Jordan Neely and Daniel Penny

Daniel Penny, the 24-year-old man who put Jordan Neely in a fatal chokehold on a New York City subway, has been arrested and charged.

Charges against Daniel Penny

The former U.S. Marine is facing a felony charge of second-degree manslaughter for the death of 30-year-old Neely, a Black man who was homeless. The charge carries a maximum sentence of 15 years in prison.

Penny was released after posting $100,000 bail. He was also ordered to surrender his passport within 48 hours of arraignment and not to leave the state of New York.

His next court date is scheduled for July 17.

Michael Jackson impersonator killed

Protests have erupted since his Neely’s death on May 1, calling the attention to racial injustice, mental healthcare, and homelessness. Neely, who was homeless and suffered from mental illness, often rode the subway and was known impersonate Michael Jackson.

Neely and Penny were riding on the same subway car when Neely began shouting that he was hungry and thirsty. “Several witnesses observed Mr. Neely making threats and scaring passengers,” Assistant District Attorney Joshua Steinglass said reading from the bail application read in court Friday.

That’s when Penny approached Neely from behind and placed him in a chokehold. He continued to keep him there for several minutes, with two additional passengers helping restrain Neely’s arms. Neely was taking to a nearby hospital where he was pronounced dead.

Penny remained on the scene to talk with police, but he wasn’t immediately charged causing widespread outrage. About a week later, Penny was finally charged with manslaughter but Neely’s family believes the charges should be stiffer.

Neely family attorneys are advocating for second-degree murder charges, qualifying Penny should have known Neely could die after seeing him struggle during the chokehold.

Penny “acted with indifference,” Neely family attorney Donte Mills said at a news conference after Penny turned himself in. “And we can’t let that stand.”

“For everybody saying, ‘I’ve been on the train and I’ve been afraid before, and I can’t tell you what I would’ve done in that situation.’ I’m gonna tell you — ask how you can help,” Mills said. “Please, don’t attack. Don’t choke, don’t kill, don’t take someone’s life.”


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Unheard Voices is an award-winning news magazine that started in 2004 as a local Black newsletter in the Asbury Park, Neptune, and Long Branch, NJ areas to now broaden into a recognized Black online media outlet. They are the recipient of the NAACP Unsung Hero Award and CV Magazine's Innovator Award for Best Social Justice Communications Company.

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Crime & Justice

Paramedic involved in Elijah McClain’s death sentenced to probation, work release and community service

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

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Jeremy Cooper paramedic and Elijah McClain
Elijah McClain and Jeremy Cooper (CBS News)

Jeremy Cooper, a former paramedic who injected Elijah McClain with a fatal dose of ketamine, has been sentenced to probation and community service.

Paramedic Jeremy Cooper sentenced

He had faced up to three years in prison but was sentenced to four years probation, 14 months of work release and 100 hours of community service.

Cooper and another paramedic, Peter Cichuniec, were found guilty of criminally negligent homicide in December in the death of McClain, 23, who was subdued by police and injected with ketamine on August 24, 2019.

Both paramedics had pleaded not guilty to the felony charges. Cichuniec was sentenced in March to five years in prison, the minimum.

Police stop turns fatal

McClain was walking home in August 2019 when the 23-year-old Black man was confronted by police officers who forcibly restrained him. When Aurora Fire Rescue paramedics Jeremy Cooper and Peter Cichuniec arrived, they injected him with ketamine.

He went into cardiac arrest in an ambulance a few minutes later and died three days after that.

The McClain family sued the city of Aurora for Elijah’s wrongful death and received a $15 million settlement.


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Social Justice

Former high school athletic director arrested and charged with using AI to frame principal

A former athletic director of a high school was arrested by Baltimore County Police after allegedly using new technology to impersonate a principal.

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Maryland principal framed Pikesville High School investigation

A former athletic director of a high school was arrested by police in Maryland after allegedly using new technology to impersonate a principal.

Maryland principal incident

In January of this year, we reported that an audio was circulating on social media accusing Pikesville High School principal Eric Eisworth of making racist and antisemitic comments.

After an investigation, authorities concluded the audio was artificial intelligence.

Suspect arrested

Dazhon Darien, 31, was charged with disrupting school activities, after investigators determined Darien faked Eiswert’s voice and circulated the audio on social media in January, according to the Baltimore County State’s Attorney’s Office. Darien’s nickname, DJ, was among the names mentioned in the audio clips he allegedly faked.

Maryland principal accused audio

In the audio, Eisworth allegedly claimed Black students were unable to “test their way out of a paper bag” and made “disparaging comments” about Jewish individuals and two teachers, the charging document said

“The audio clip … had profound repercussions,” police wrote in charging documents. “It not only led to Eiswert’s temporary removal from the school but also triggered a wave of hate-filled messages on social media and numerous calls to the school. The recording also caused significant disruptions for the PHS staff and students.”

Retaliation

Police say Darien made the recording in retaliation after Eisworth initiated an investigation into improper payments he made to a school athletics coach who was also his roommate. Darien is also charged with theft and retaliating against a witness.

Darien was released on $5,000 bond and waived an attorney at an initial court appearance, according to court records.


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Crime & Justice

Exonerated man on a mission to rebuild his life

C.J. Rice, a man who served more than 12 years behind bars for an attempted murder he was falsely convicted of, was officially exonerated on March 18, 2024. He is now on a mission to rebuild his life.

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CJ Rice Charles CJ Rice Exonerated
Charles "CJ" Rice (Photo Source: CNN)

Charles “CJ” Rice was just 17 years old when he was convicted of a crime he did not commit.

CJ Rice Exonerated

Now 30 year old Rice is using the injustice of the last 13 years to galvanize the life he almost spent behind bars after being exonerated and declared legally innocent of the crime he was convicted of in 2013 on March 18, 2024.

According to the GoFundMe, CJ wants to “embrace this opportunity” and become a paralegal.

With the help of Dream.org, the GoFundMe aims to help CJ start a new life with everything from a place to stay to clothes to wear as he builds a new future.

The CJ Rice case

CJ Rice, formally known Charles J. Rice, was convicted in a September 2011 shooting for attempted murder and sentenced to 30-60 years behind bars in 2013.

According to the Pennsylvania Innocence Project, the South Philadelphia shooting left a woman identified as Latrice Johnson, a 6-year-old girl and two others injured.

Johnson called 911 after the shooting and described the suspects as two men running away in hoodies and black sweatpants but couldn’t fully identify them.

Through an initial investigation with victims in the hospital, Rice’s co-defendant, Tyler Linder, was identified as one of the shooters. Detectives interviewed Johnson while she was in the hospital and she identified 17-year-old Rice as one of the shooters running away although she hadn’t seen the teen in a few years. Rice had been friends with Johnson’s son when he was younger, according to the Pennsylvania Innocence Project.

In her description, Johnson said Rice was wearing a hoodie and claimed that she was able to see his full face and long braids poking out the side of the hood. However, Rice’s arrest photo depicted him with shorter cornrows flushed against his head. Despite this, a case against Rice and Linder was built.

According to the Pennsylvania Innocence Project, among the evidence was a theory that the shooting was retaliatory, which wasn’t proven. That’s because Rice was shot and injured a few days prior. It’s alleged the suspects ran from the scene, and Rice’s counsel never used his medical records as evidence to help Rice’s case.

Rice’s case received national attention after CNN anchor Jake Tapper began reporting on it. His father, Dr. Theodore Tapper, is Rice’s former doctor and treated his injuries.

Although it was alleged that the shooters ran from the 2011 crime scene, this is something that Dr. Tapper believed Rice just physically couldn’t do at the time.

Officials believed the 2011 shooting involved gang affiliations, leading the DA’s Gun Violence Task Force to begin their investigation to see whether or not Rice could be re-tried for the shooting or to dismiss the charges in full.

This suggestion of motive and the sole faulty eyewitness identification of CJ led to his conviction on four counts for attempted murder.

A free man

Rice’s defense counsel filed a habeas petition to get CJ out of prison and have his conviction overturned.

On March 18, 2024, the Philadelphia County Court of Common Pleas granted the Commonwealth’s motion to dismiss all charges against Rice, officially making CJ a free man.

Read C.J. Rice’s story


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