Daniel Penny surrenders to police in fatal chokehold of Jordan Neely, released on $100K bail
Former Marine Daniel Penny surrendered to police Friday and was arraigned on a charge of second-degree manslaughter, 11 days after placing homeless man Jordan Neely in a fatal chokehold on an F train.
Penny, 24, appeared in Manhattan Criminal Court before Judge Kevin McGrath, who set bail at $100,000, which the Queens man soon posted.
Dressed in a dark suit and black sneakers, Penny stood with his head down and answered procedural questions in a soft voice.
Both Penny’s defense attorney Thomas Kenniff and Manhattan Assistant District Attorney Joshua Steinglass agreed to the $100,000 bail amount, with the judge signing off on it.
Penny was also ordered to surrender his passport within 48 hours and barred from leaving the state without judicial approval.
He waived his right to an extradition hearing should he leave New York without permission and authorities would have to bring him back.
In a statement released after Penny’s arraignment, Manhattan District Attorney Alvin Bragg said that after evaluating “the available facts and evidence,” his office determined that there was probable cause to arrest and bring charges against the ex-Marine.
“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.”
Penny is due back in court for another hearing on July 17.
During the hearing, Steinglass laid out the facts of the case, which he said he learned from eyewitness accounts, interviews with 911 callers and officers at the scene.
According to the prosecutor, Neely entered the F train at the Second Avenue stop.
Other passengers “observed Mr. Neely…making threats and scaring passengers,” Steinglass said.
“The defendant approached Mr. Neely from behind and placed him in the chokehold, taking him down to the ground,” the prosecutor told the court. “When the train arrived at the next stop, Broadway-Lafayette, the defendant continued to hold Mr. Neely in the chokehold for several minutes.”
Two other men helped Penny restrain Neely’s arms, according to Steinglass.
“At some point, Mr. Neely stopped moving. The defendant continued to hold Mr. Neely for a period and then released him,” Steinglass said.
Penny’s lawyer, Kenniff, described his client as “fully cooperative” with the investigation and hailed him as “a pillar of the community” with deep ties to the New York area.
According to the attorney, Penny enlisted in the military as a teenager and was honorably discharged from the Marine Corps after four years of service, during which time he earned multiple commendations, including a Marine Corps Good Conduct Medal, Humanitarian Service Medal, a Global War on Terrorism Service Medal and a National Defense ribbon.
Kenniff said Penny is now a full-time college student working towards his bachelor’s degree in architecture.
He lives in the New York City area, where he has resided all his life, except during his time in the military.
Kenniff said Penny’s father lives in Nassau County and his mother in Queens.
Penny’s legal team has created an online legal defense fund for the veteran, which has drawn more than $395,000 in donations as of Friday afternoon.
Penny turned himself in less than 24 hours after the Manhattan District Attorney’s Office revealed it would pursue charges against him.
Speaking outside the precinct, Kenniff said his client surrendered “voluntarily” and with “dignity.”
“This morning, Daniel Penny surrendered at the 5th Precinct at the request of the New York County District Attorney’s Office. He did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation,” Kenniff, founding partner of Raiser & Kenniff, told reporters.
Kenniff said he expects his client to be arraigned Friday afternoon. He did not take any questions from reporters.
The manslaughter charge — which carries up to 15 years in prison on conviction — comes as the city has been fraught with tension over the May 1 killing of Neely, a 30-year-old with a long history of mental health issues.
The Manhattan District Attorney’s Office had faced immense pressure to charge Penny as the investigation into the fatal encounter progressed.
Legal experts widely believed DA Bragg would punt the decision to a grand jury to determine charges in the high-profile case.
The medical examiner ruled the death a homicide from neck compression days after Neely’s death.
The medical examiner’s determination and additional witness accounts were added to the original complaint report, sources said Thursday.
Penny was originally released by police in the aftermath of the fatal chokehold after he was interviewed by authorities.
Penny’s lawyers said Thursday they were confident their client would be absolved of any wrongdoing once all the facts come to light.
They insist Penny stepped in to protect himself and other passengers.
His lawyers, Steven Raiser and Kenniff, said in a previous statement he never meant to harm Neely.
What we know about NYC subway choking victim Jordan Neely
Who was Neely?
Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. May 1, according to police.
He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as Daniel Penny, a 24-year-old former Marine from Queens.
Penny, who was seen on video applying the chokehold, was taken into custody and later released. He was eventually charged with second-degree manslaughter.
Why is there fallout over Neely’s death?
The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).”
Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic and suffered from PTSD and depression.
“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.
Who is Penny?
Marine veteran Daniel Penny served as an infantry squad leader and an instructor in water survival while in the Marines Corps from 2017 to 2021, according to his online resume.?Penny graduated from high school in West Islip, NY.
He surrendered to authorities 11 days after he placed Neely in a fatal chokehold on an F train.
But Neely’s uncle, Christopher Neely, told The Post Thursday he wanted Penny charged with murder.
Attorneys representing Neely’s family held a press conference during Penny’s arraignment and argued that he should have been charged with murder instead of manslaughter.
Neely, a former street performer, had a history of mental health struggles and a criminal record, including more than 40 arrests and more than 40 calls for “aided case,” which means someone is sick, injured or mentally ill, according to sources.
Shocking video showed part of Penny’s chokehold on Neely that happened after the homeless man went on an aggressive rant, according to police and witness accounts.
Neely was left unconscious and later died at the hospital.
