Former Marine Surrenders in Jordan Neely Subway Chokehold Case: Culpable Homicide Charges Filed. At a New York City police station, the suspect in the Jordan Neely subway chokehold murder surrenders to police. Daniel Penny, a former US Marine, is the prime suspect.
Penny, 24, was arrested and brought before the court on suspicion of culpable homicide not amounting to murder. He didn’t say anything when he was led to the courtroom.
Daniel Penny, a 24-year-old former Marine, surrendered to police in New York City Friday, May 12, after he put a subway passenger in a fatal #chokehold. #chokeholddeath #CGTNAmerica #NYC #NYCSubway MORE: https://t.co/fzixh1KBZG pic.twitter.com/4WbdfNRlmX
— CGTN America (@cgtnamerica) May 13, 2023
According to Assistant District Attorney Joshua Steinglass, before pursuing criminal charges, prosecutors conducted a “thorough investigation” that included speaking with witnesses, 911 callers, and police who received their complaints.
Penny is seen in the video putting Neely in a chokehold on May 1 after a brawl on an f train.
Second-degree manslaughter charges were filed against the former Marine shown on video last week choking to death Jordan Neely on the train. He was released on a $100,000 bond.
On Friday morning, his lawyer said, 24-year-old Daniel Penny turned himself into authorities. During his arraignment on Friday afternoon, a judge ordered him to stay in the state of New York until further notice. He must also turn in his passport within 48 hours.
Penny, who has not yet entered a plea, is scheduled to return to court on July 17.
According to Steinglass, multiple witnesses saw Nellie make threats.
Steinglass stated that Penny held Neely for several minutes and that Neely eventually stopped moving, but Penny remained to hold him.
Penny remained at the site to speak with police, according to Steinglass.
During a news conference on Friday, Penny’s attorney, Thomas Kenniff, claimed that his client had turned herself into the NYPD’s 5th Precinct in Manhattan shortly after 8 a.m. “at the request of the New York County district attorney’s office.”
“We sincerely hope that Danny will be found not guilty on all counts,” Penny’s attorneys said in a statement Friday. Penny’s surrender came a day after the Manhattan district attorney’s office revealed that she had been detained and charged with culpable homicide not amounting to murder. This crime carries a maximum prison sentence of 15 years.
So Lennon Edwards, the Neely family’s attorney, is arguing for charges of culpable homicide rather than murder, claiming that Penny should have known that Neely’s life could be lost in the struggle during the chokehold.
After turning himself in, Penny “acted with indifference,” as the counsel for the Neely family put it at a press conference. “And that can’t be allowed to stand.”
Penny’s second attorney, Steven Raiser, published a statement earlier this week in which he said that Penny’s safety was in jeopardy when he “stepped in to protect himself and his fellow New Yorkers.”
The unfortunate outcome was Mr. Neely’s untimely death, the statement said. We are convinced that when all the facts and circumstances of this heartbreaking tragedy are considered, Mr. Penny will be exonerated of all blame.
“To everyone who says things like, ‘I’ve been on the train before and I’ve been terrified, and I can’t tell you what I would’ve done in that situation,’ Says Mills, “I’m going to tell you — ask how you can help. Do not initiate combat. Don’t suffocate someone to death or intentionally harm another person.
Mills emphasized that “we do not wish for anyone to feel unsafe” on the tube. “But we want people to look at those who might be there in that scenario and wonder, ‘Why?’ And “What can I do to make a difference in their lives?”
Neely’s father and aunt joined lawyers for his family at a news conference outside their law office in Midtown Manhattan on Friday morning.
When Neely’s mother was murdered as a teenager, his lawyers, Lennon Edwards and Donte Mills painted him as a young man who had lost his way.
Mills claimed the event “changed Jordan’s mentality forever,” but she insisted that he was not a danger to other subway users on the day he was killed.
Mr. Neely attacked no one. Mills remarked, “He didn’t hit or touch anyone, but he was choked to death.” That’s unacceptable, too. That’s not who we are or what we stand for.
Nobody on the train even bothered to ask Jordan, ‘What’s wrong? Where can I be of service to you? Instead, he died from suffocation. Mills said, “I want to tell everyone who says things like, “I’ve been on the train and I’ve been terrified before, and I couldn’t tell you what I would have done in that situation”: Ask how you can help. “Please. Avoid conflict by not attacking. Don’t suffocate someone to death. Don’t intentionally kill someone. Don’t remove someone’s family member just because they’re having a rough patch.
Neely’s lawyers also claimed they had hoped for murder charges against Penny rather than manslaughter.
I mentioned killing two people to the district attorney. Two counts of manslaughter were what they suggested,” Edwards said. Manslaughter level two carries a sentence of five to fifteen years in prison. Consider whether it is sufficient. Is it satisfactory for someone who fatally choked someone on the subway?
“Now, when you have combat training, you have something the typical individual does not have: alternatives. It provides numerous options, including bear hugs, strikes, and more. But Daniel Penny deliberately chooses a method meant to suffocate,” he continued. “And he kept holding that chokehold for as long as it took, minute after minute, second after second, until Jordan Neely was dead.”
On Friday, the judge ordered Penny’s bond to be set at $10,000. According to Penny’s lawyer, the ex-Marine is now based in New York City and is working toward a degree in architecture.
According to Kenniff, “There is nothing less indicative of flight risk than someone voluntarily surrendering.”
The DA’s office pressed charges without consulting a grand jury first. Prosecutors said Friday that they will continue to present the case to a grand jury in the coming days to secure an indictment.
On July 17, Penny will be back in court.
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