Daniel Penny, the former Marine accused of killing street performer Jordan Neely in the New York City subway, turned himself in on Friday to the police. Penny showed up at the NYPD 5th Precinct along with his attorney after Democratic prosecutor Alvin Bragg decided to charge him with second-degree murder. After being arraigned at the Manhattan courthouse, Daniel Penny was released on $100,000 bail.
The moment when Penny arrived at the police station was captured by the cameras of several media outlets. Penny's attorney, Thomas Kenniff, then responded to reporters' questions and asserted that Penny surrendered "voluntarily with the dignity and integrity that characterize his history of service to this grateful nation." Kenniff expects his client to be acquitted of all charges brought against him by prosecutor Bragg.
Daniel Penny in handcuffs on the way to court. DA Alvin Bragg is charging him with 2nd degree involuntary manslaughter, which carries a maximum sentence of 15 years in New York if convicted.
— Benny Johnson (@bennyjohnson) May 12, 2023
Prosecutor Bragg's indictment came Thursday after several days of protests in New York over Neely's death. In one of them, the New York City Police Department confiscated several Molotov cocktails among the demonstrators. New York City Mayor Eric Adams mourned the death of Jordan Neely, but refrained from commenting in support of the protests.
The events with which Daniel Penny is charged occurred two weeks ago and were captured by several cameras in the New York subway. When Neely acted in an uncivil, even dangerous, manner in a subway car, several individuals, Penny among them, neutralized the street performer. Neely had a history of various assaults and erratic behavior on the streets of New York and suffered from mental problems.
Jordan Neely family attorney Lennon Edwards says Daniel Penny is attempting to “rewrite what happened in the subway”:
“He cannot rewrite how the story ends. The story ends with his arms wrapped around Jordan’s neck, choking him to death. And that’s what he has to pay for.” pic.twitter.com/Q2DbLTGqq4
— The Recount (@therecount) May 12, 2023
At that moment, as seen in the images, Penny holds Neely by the neck and immobilizes her, but the maneuver prevents her from breathing properly. The following images show Penny placing Neely in the lateral safety position and alerting emergency services. A few moments later, Neely passed away.. Although Penny was initially apprehended by the authoritieswas subsequently released without charges being filed against him. The charges that prosecutor Bragg subsequently charged Penny with are punishable by up to 15 years in prison.
Neely's family prepares for trial
Attorneys for Jordan Neely's family appeared before the media shortly after Daniel Penny turned himself in. They were joined by the aunt and father of the deceased. Donte Mills and Lenonn Edwards assured that Neely caused no harm to anyone in the subway car in which she died. "You can't kill someone because you thought there was a chance they might do something to you," the family's two attorneys asserted. "Neely did not attack anyone, but was choked to death," the lawyers continued.
According to the family of the deceased African-American youth, Daniel Penny should be charged and convicted of manslaughter for his "indifferent" actions regarding Jordan Neely's special needs. According to Donte Mills' statements, a conversation with the district attorney expedited the indictment and arrest of Daniel Penny. "We want an arrest," the family's lawyers reportedly demanded of Bragg.