Daniel Penny to be arraigned in just under 2 weeks in Jordan Neely's death

ByEyewitness News WABC logo
Thursday, June 15, 2023
Arraignment date set for Penny in Neely death case
Janice Yu reports on the charges that Daniel Penny may face in the death of Jordan Neely.

NEW YORK (WABC) -- The case against the man arrested for putting a subway rider in a deadly chokehold is moving forward, but the charges remain sealed until his arraignment on Wednesday, June 28.

Daniel Penny was indicted by a grand jury on Wednesday. It will now be just shy of two weeks until we learn the exact charges against him.

Penny, 24, was initially arrested on manslaughter charges in Jordan Neely's death.

It is believed Penny faces one charge of second-degree manslaughter which carries a maximum of 15 years in prison, and another charge for criminally negligent homicide which carries four years behind bars.

The Manhattan District Attorney's Office did not immediately comment, but Mayor Eric Adams released a statement thanking Manhattan DA Alvin Bragg for his investigation.

"I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely," Adams said in a statement. "Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward."

The former Marine was recorded holding Neely, a 30-year-old homeless man, in a minutes-long chokehold on an F train on May 1.

Following the indictment, Penny's attorneys said they pledge to "aggressively defend" their client.

"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. 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," attorney Steven Raiser said.

Rev. Al Sharpton, who eulogized Neely at his funeral, released a statement following the indictment that reads, "Appears Mr. Penny's media tour these last few weeks was ineffective. We wish the charge would have reflected what this really was. Murder."

Following the indictment, the attorney's for Neely's family released a statement that said in part, "Penny's indictment is the right result for the wrong he committed. At some point Mr. Penny should have let go before Jordan died."

Penny's attorneys released a video statement over the weekend where he said he was protecting himself and other passengers. They say they plan to aggressively defend their client and the standard of proof in a grand jury is very low and there has been no finding of wrongdoing.

Many believe the case is exposing New York City's failure to address subway safety and mental health.

The case's racial dynamics have also made it a hot-button issue. Neely's supporters have argued that Penny's delayed arrest is an example of a racist system. He surrendered to police 11 days after the killing under mounting public pressure.

Penny claims his actions had nothing to do with race.


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