Daniel Penny charged with second-degree manslaughter

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.”