The man who killed Jordan Neely after putting him in a chokehold while on a subway in New York City has been charged with second-degree manslaughter, the Manhattan district attorney’s office said on Friday.
Daniel Penny, 24, could face up to 15 years in prison if found guilty under the charge. Penny surrendered himself to New York police on Friday morning.
He appeared in criminal court in Manhattan to answer the charge, did not enter a plea, and was released on a $100,000 bond.
Penny’s attorney, Thomas Kenniff, told ABC News his client “has been fully cooperative” with authorities after Neely’s death. “We fully expect Danny will be exonerated of all charges,” a statement from Penny’s legal team added.
Penny killed Neely on 1 May after putting him in a deadly chokehold. Neely, who was homeless, had been shouting at passengers that he was hungry and thirsty, and that he did not care if he went to jail. In a clip that went viral on social media, Penny can be seen keeping Neely in a chokehold, while other passengers assist in restraining him.
Neely was transferred unconscious to a hospital, where he was pronounced dead. The city medical examiner later ruled his death a homicide, having died from having his neck compressed during the chokehold.
Penny, who is white and a former US marine, was initially detained and questioned by police immediately after the incident but was released without charges.
The video sparked widespread protest around racial injustice and the failures of the city’s treatment of those that need social services. Neely, who was Black, had long suffered a series of mental illnesses and was known to homeless advocates in the city, reportedly being on a city roster of the “top 50” homeless individuals most in need of help.
Neely, once a talented Michael Jackson impersonator, had suffered PTSD and severe depression after his mother was murdered by his stepfather in 2007, when Neely was 14. He also had autism and developed schizophrenia, relatives said. He suffered a series of mental health crises and faced multiple arrests while living on the streets.
On 5 May, four days after the killing, lawyers for Penny released a statement on his behalf that said Neely had a history of violent behavior and called for the city to address mental health crises. Neely’s family responded with their own press release on 8 May that called Penny’s statement “a character assassination and a clear example of why he believed he was entitled to take Jordan’s life”.
At a news conference on Friday, Neely’s family attorney Donte Mills told reporters that Penny “acted with indifference”, according to ABC.
“And we can’t let that stand,” Mills added. “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. Please, don’t attack. Don’t choke, don’t kill, don’t take someone’s life.”
