Daniel Penny, the Marine veteran charged with second-degree manslaughter in the death of a man he restrained on the New York City subway is speaking publicly for the first time about what happened in a series of videos released by his lawyers.
Images and videos of Penny restraining homeless man Jordan Neely, 30, in a chokehold on the F train went viral last month after Neely died. A medical examiner ruled the cause of death was “compression of the neck.”
Daniel Penny, center, is walked by New York Police Department detectives out of the 5th Precinct on May. 12, 2023, in New York. (AP Photo/Jeenah Moon, File)
Penny told investigators he was listening to music though his headphones when Neely boarded the train at Second Ave. The 24-year-old student claims he removed his headphones when he saw Neely allegedly throw his jacket down at passengers.
“This was a scary situation,” Penny explained in one of four video clips. “The three main threats he repeated over and over were ‘I’m going to kill you. I’m prepared to go to jail for life and I’m willing to die.’”
Freelance journalist Juan Alberto Vasquez recorded a portion of the encounter between Penny and Neely. Penny believes the video only shows what happened after he, and two others, restrained Neely.
Crowds gather New York City, along with family, friends, others came to pay respects to Former New York City Performer Jordan Maurice Caine Neely as he was eulogized. (Chris Moore/MediaPunch /IPX)
“Some people say I was holding on to Mr. Neely for 15 minutes. This is not true,” Penny said. “The reason why there’s no video at the start of the altercation is because people were too afraid getting away from him.”
Penny claimed the interaction between him and Neely lasted less than five minutes.
“I was praying that the police would come and take this situation over. I couldn’t sit still and let him carry out these threats,” Penny admitted.
Penny’s attorneys, Steven Raiser and Thomas Kenniff, released the videos of Penny while speaking to Law&Crime Network.
According to published reports, Jordan Neely had worked as a street performer impersonating Michael Jackson. His family has said he suffered from mental illness that went untreated. New York City had listed Neely as one of the “Top 50” people in the city who could be considered a danger to himself and others because of his mental illness.
A group of several hundred people protest the death of Jordan Neely, Friday, May 5, 2023, at Washington Square Park in New York. (AP Photo/Brooke Lansdale, File)
Neely’s death sparked outrage among many across the country. One night, protesters blocked a city subway car on the tracks demanding Penny’s arrest. Civil rights activists claim racism led to Penny’s decision to place Neely in a chokehold that day. Penny calls those claims “ridiculous.”
“I didn’t see a black man threatening passengers. I saw a man threatening passengers – a lot of whom were people of color. A man who helped restrain Mr. Neely was a person of color,” Penny explained.
On the other hand, celebrity Kid Rock and presidential candidate Ron DeSantis donated and advocated to raise money for Penny’s legal defense. His GiveSendGo campaign has raised more than $2.8 million.
Penny surrendered to authorities on May 12 after the Manhattan District Attorney’s Office charged him with second-degree manslaughter. Law enforcement sources told ABC News the case was currently being presented to a grand jury.
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