NYC grand jury impaneled to hear case against former Marine Daniel Penny for Jordan Neely chokehold death on subway
A Manhattan grand jury has begun hearing evidence against former Marine Daniel Penny concerning the chokehold killing of Jordan Neely on a subway last month, the Daily News confirmed Thursday.
According to a law enforcement source, the panel began hearing the Manhattan district attorney’s case against Penny on Wednesday. Prosecutors declined to comment or confirm.
Penny, 24, of L.I., has pleaded not guilty to second-degree manslaughter for the May 1 death aboard an afternoon F train. Disturbing footage of the incident shows Penny on the ground with his arms around Neely’s neck until the 30-year-old stopped moving.
Prosecutors say Penny approached from behind, placing Neely in a chokehold while he was reportedly acting erratically and “making threats” toward passengers. Neely got on the northbound train at Second Ave. and was unconscious when it reached the next stop at Broadway-Lafayette minutes later.
Penny, an architecture student who was unemployed and looking for work at the time of the incident, was questioned by police and released. The city medical examiner ruled Neely’s death a homicide days later.
Manhattan DA Alvin Bragg filed charges on May 11, and Penny was arraigned the next day. He’s out on a $100,000 bond.
Neely grew up in Manhattan and was known to many New Yorkers as a passionate Michael Jackson tribute artist. His relatives say he suffered from mental illness and was homeless at the time of his death. A witness aboard the train said Neely was shouting that he had nothing to eat or drink in the moments preceding the chokehold.
Civil rights leaders have called for Penny to face justice and for Neely’s death to catalyze change in how New York City cares for its residents with mental illness. During his lengthy eulogy at Neely’s May 19 funeral in Harlem, the Rev. Al Sharpton said Neely asked for help and was killed in response.
“A boy on a train is screaming for help, and somebody comes up from behind and claims self-defense,” said Sharpton. “I want to know who decided at the precinct to let this guy go home and sleep in his own bed.
“It must be equal justice under the law.”
Penny’s defense team contends he acted rationally inside the subway car, citing Neely’s mental health issues and arrest record. His lawyer Thomas Kenniff said Penny acted to protect passengers from Neely, who did not attack anyone onboard, according to authorities.
Neely’s family and supporters say neither his medical nor criminal history warranted his killing and that Penny, regardless, couldn’t have known about either.
Strong support has poured in for Penny from conservative organizations, with Republican presidential candidates invoking his name on the campaign trail, drawing in big bucks donations from right-wing culture warriors. An online fundraiser for his legal fees has received almost $3 million in donations.
Former President Donald Trump has portrayed Penny as a hero, with his competitor Ron DeSantis describing him as a “good Samaritan.” Democratic leaders, in turn, say the GOP is exploiting racism to gain votes among white voters in political battleground suburbs.
Fox News first reported news of the grand jury’s impaneling.
Penny’s attorneys did not immediately respond to a request seeking comment.
