A grand jury has indicted Daniel Penny, the former Marine who held Jordan Neely in a chokehold on the subway last month, leading to his death, according to ABC News.
The charge Penny faces is unclear since the indictment is sealed, according to the report quoting anonymous sources. Penny was arrested on a complaint last month that charged him with second-degree manslaughter.
The Manhattan District Attorney’s Office has not responded to requests for comment from Law&Crime.
“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low, and there has been no finding of wrongdoing,” said Steven Raiser, an attorney representing Penny. “We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified.”
A video of Penny holding Jordan Neely, 30, in a chokehold on the northbound F train went viral last month after Neely died. Penny said he was listening to music with headphones on when Neely boarded the train at Second Avenue. The 24-year-old student said he removed his headphones when he saw Neely throw his jacket down at passengers.
“This was a scary situation,” Penny said in one of four video clips. “The three main threats he repeated over and over was, ‘I’m going to kill you. I’m prepared to go to jail for life, and I’m willing to die.””
The Rev. Al Sharpton of the National Action Network gave the eulogy at Neely’s funeral. He praised news reports claiming Penny had been indicted.
“This was a clear-cut case of vigilantism that has no place in our society, which is why I spoke against it at Jordan’s funeral. It appears Mr. Penny’s media tour these last few weeks was ineffective,” Sharpton said.
Freelance journalist Juan Alberto Vasquez recorded a portion of the encounter between Penny and Neely. Penny said that portion of the video only recorded what happened after he and others restrained Neely.
“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 said 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,” said Penny.
According to published reports, Jordan Neely had worked as a street performer impersonating Michael Jackson. His family has said he suffered from a mental illness that went untreated. New York City had listed him 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.
Neely’s death sparked outrage among some New Yorkers and activists nationwide. Protesters blocked a subway car one evening as they demanded 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,” said Penny.
Critics have questioned why Neely wasn’t arrested for more than 10 days after Neely died. The New York City Medical Examiner’s Office ruled Neely’s death a homicide caused by neck compression.
A spokesperson for the Manhattan DA’s office said on May 4, “This investigation is being handled by senior, experienced prosecutors, and we will provide an update when there is additional public information to share.”
Penny is expected in court on Friday, July 17. At that time, he will enter a plea.
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