NEW YORK — A Manhattan grand jury has voted to indict Daniel Penny for the chokehold killing of Jordan Neely aboard an F train, law enforcement sources told the Daily News on Wednesday.
The former Marine was charged with second-degree manslaughter and criminally negligent homicide for Neely’s May 1 killing. The grand jury began hearing the case two weeks ago.
The Manhattan district attorney’s office declined to comment. Penny’s lawyer Thomas Kenniff said he had not heard his client was indicted and hung up.
Rev. Al Sharpton, who previously called for Penny to be charged, welcomed the development.
“This was a clear-cut case of vigilantism that has no place in our society,” he said in a statement. “It appears Mr. Penny’s media tour these last few weeks was ineffective.”
Mayor Eric Adams, who has refrained from directly condemning Penny’s actions, said he had faith in the legal process and appreciated DA Alvin Bragg’s investigation. Addressing subway crime has been a top priority for Adams.
“Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the grand jury has indicted Daniel Penny, a trial and justice can move forward,” the mayor said in a statement.
Bystander video showed Penny, 24, holding the 30-year-old Neely in a minutes-long chokehold until he stopped moving. The Manhattan DA brought manslaughter charges on May 11, and Penny was released on $100,000 bail.
Neely grew up in Manhattan and was known to many New Yorkers as a passionate Michael Jackson tribute artist. He battled severe mental illness and homelessness, according to relatives and friends.
Penny, an architecture student who was unemployed and looking for work at the time of the incident, has contended he acted to protect himself and other passengers from “an erratic” Neely.
Penny couldn’t be reached for comment. Messages were left with a representative for Neely’s relatives.
In a pre-taped video released by Penny’s legal team earlier this week, the East Village man said his actions were driven by courage.
“I acted in a way that would protect the other passengers, protect myself and protect Mr. Neely,” Penny said in the videos posted on the Law & Crime Network YouTube channel.
“I didn’t want to be put in that situation, but I couldn’t just sit still and let him carry out these threats.”
What happened before the chokehold will be a crucial focus if the case reaches trial. A trial is expected to take place unless prosecutors and Penny make a plea deal, which would require him to admit wrongdoing.
An NYPD source previously told the Daily News that five passengers called 911 before and during the encounter. One said Neely was making threats and “harassing people.” Two incorrectly reported he had a “knife or a gun” and was “attacking people.” Other callers reported the Marine was restraining Neely until the police got there.
Prosecutors say Neely got on the train and started “making threats and scaring passengers” when Penny approached him from behind and put him in a chokehold. Neely isn’t accused of attacking anyone, and the witness who filmed the viral video, journalist Alberto Vazquez, said Neely told passengers he was hungry and didn’t seem like he wanted to hurt people.
Neely got on the train at Second Ave. and was on the filthy floor with Penny’s arm around his neck when it reached the next stop. Footage of the latter stages of the incident shows Neely trying to escape Penny’s grip, with his legs flailing until he went limp.
Medics pronounced Neely dead at the hospital after transporting him from the Broadway-Lafayette subway station.
Penny initially walked free, sparking protests over the unaccounted killing of a poor and unarmed Black man on the subway.
Republican presidential candidates including Florida Gov. Ron DeSantis have hailed Penny as a hero, generating millions of dollars in donations toward his legal defense. Many Democrats say the GOP is exploiting racism to gain votes among white voters in battleground suburbs.
Penny’s lawyers initially pointed to Neely’s criminal record and mental health issues in defending their client’s actions. Neely previously faced charges for some violent offenses like punching a 67-year-old woman in the face.
But his family and civil rights advocates contend Penny had no way of knowing Neely’s medical or criminal history. They say the handling of his case underscores deep racial inequalities in the legal system.
With Michael Gartland and Chris Sommerfeldt
