Janon Fisher, Thomas Tracy, Molly Crane-Newman, Rebecca White, Larry McShane | New York Daily News
NEW YORK — Daniel Penny, the ex-Marine caught on video inserting Jordan Neely in a lethal chokehold aboard a Manhattan subway practice, was launched on $100,000 bond Friday after surrendering to police.
The 24-year-old defendant arrived in handcuffs for his first courtroom look round 12:05 p.m., led into the courtroom from a holding pen. He was ordered to give up his passport and can’t depart New York with out permission.
Assistant District Attorney Joshua Steinglass stated prosecutors reviewed video footage and interviewed a number of eyewitnesses, together with responding officers, earlier than a cost of second-degree manslaughter was introduced.
“The defendant approached Mr. Neely from behind and placed him in a chokehold, taking him down to the ground,” the prosecutor stated. “… At some point, Mr. Neely stopped moving. The defendant continued the chokehold for several minutes.”
He added the white defendant remained within the subway station voluntarily to reply questions concerning the deadly encounter with the Black man, and Manhattan District Attorney Alvin Bragg weighed in after the listening to.
“Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time,” stated Bragg.
Penny arrived earlier Friday on the Fifth Precinct stationhouse in Chinatown to give up within the killing of the 30-year-old homeless man in a headline-making and polarizing murder.
“He did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation,” stated protection legal professional Thomas Kenniff. “… He has his head help up high.”
Penny surrendered to police shortly after 8 a.m., and the defendant was led in handcuffs from the Manhattan police precinct on his technique to courtroom a short while later. He faces a sentence of 5-to-15 years in jail if convicted.
Penny, in a black swimsuit and white shirt, ignored shouted questions from a horde of reporters gathered exterior, with cameras lining the road as he walked right into a ready automotive.
“Mr. Penny not only has ties to this community, he is in fact a pillar of the community,” stated Kenniff. “He has resided in the New York area his entire life, of course, for the exception … [of his] military service.”
The Marine was recorded May 1 on the ground of the F practice contained in the Broadway/Lafayette station together with his left arm wrapped across the throat of Neely, a former subway busker who made cash impersonating Michael Jackson.
The video confirmed Neely initially combating again earlier than he stopped transferring, and the sufferer died shortly afterward. Penny was questioned by police later that day however launched with out expenses.
“We don’t want it where you can kill someone because you thought there was a possibility they could do something to you,” stated Neely household legal professional Dante Mills, who was joined Friday at a information convention with the sufferer’s father and aunt.
“There was no attack. Mr. Neely, he did not attack anyone. He did not touch anyone. He did not hit anyone. But he was choked to death and that cannot stand.”
The Rev. Al Sharpton has additionally referred to as for the arrests of two different subway riders seen restraining Neely on the video.
Neely died from compression to his neck, town Medical Examiner in declaring his demise a murder.
Neely entered the practice on the Second Ave. station ranting about being hungry and needing cash, with freelance journalist and fellow straphanger Alberto Vazquez capturing video of the deadly confrontation.
“I don’t have food, I don’t have a drink, I’m fed up,” stated Neely, in accordance with the journalist. “I don’t mind if I go to jail and (get) life in prison … I’m ready to die.”
Neely “didn’t seem like he wanted to hurt anyone,” Vazquez wrote on a Facebook submit. According to cops, Neely yelled and threw rubbish at commuters to spark the argument with Penny.
During the diatribe, Penny allegedly got here up behind him and put him in a chokehold. Video reveals the 2 males on the ground of the subway practice with Penny’s legs wrapped round Neely and his arm firmly round his neck.
The sufferer turned homeless after transferring out of his father’s Bronx condo 4 years in the past for all times on the streets. His dad stated Neely, who battled psychological well being points and racked up 42 arrests within the final decade, was additionally devastated by his mom’s 2007 homicide.
Kenniff, who ran in opposition to District Attorney Alvin Bragg in 2020, had beforehand recommended his consumer acted in self-defense, an assertion rejected by Neely’s household.
The jarring video of the chokehold and the information of Neely’s demise prompted offended reactions from New Yorkers and native politicians.
Hundreds of protesters and police confronted off throughout marches and vigils all through the week after the killing.
More than a dozen protesters, and a photojournalist, have been arrested at numerous protests throughout Manhattan. Racial justice activists questioned why Penny was not arrested instantly for the demise of Neely.
They chanted “Justice for Jordan Neely” and different slogans.
Demonstrators climbed onto the rail mattress of the busy Second Ave. station, blocking practice site visitors and risking arrest and electrocution.
Mayor Adams initially cautioned persistence and requested the general public to permit the authorities to analyze earlier than releasing a Wednesday assertion.
“There’s a lot we don’t know about what happened here,” the mayor stated. “However, we do know that there were serious mental health issues in play here, which is why our administration has made record investments in providing care to those who need it and getting people of the streets and the subways, and out of dangerous situations.”
Penny joined the Marines in 2017 and left 4 years later with the rank of sergeant. During his tour of obligation he obtained many accolades together with the Marine Corps Good Conduct Medal, the National Defense Service Medal and the Global War on Terrorism Service Medal.
He served within the Mediterranean and his final project was in Camp LeJeune, N.C., Marine Corps officers stated.
Source: www.bostonherald.com”