Former US Marine Daniel Penny is facing charges of second-degree manslaughter and criminally negligent homicide after putting Jordan Neely, a homeless subway performer, in a potentially lethal chokehold for six minutes, according to court filings by Manhattan prosecutors. The filing provides a timeline of Neely’s death, countering Penny’s attorneys’ motion to dismiss the case by citing witness testimony that Neely had been lunging at subway riders. However, the prosecution argues that witness accounts differ and undermine the defense’s claim of widespread panic on the subway that day.
While some witnesses expressed fear of Neely, others described the incident as a typical day in New York. The prosecution filing states that no witnesses reported physical contact between Neely and anyone before Penny intervened. Witnesses also noted that Neely had expressed his homelessness, hunger, and thirst, with some saying he was willing to go to jail or prison.
According to the filing, a witness captured a 4-minute 57-second video that shows Penny already choking Neely. Within three minutes, Neely stops all purposeful movement, and two passengers are seen holding him down. The prosecutor described Neely’s movements as “twitching and the kind of agonal movement that you see around death.” An eyewitness can be heard in the video urging Penny to let go of Neely, warning that he would be killed if he didn’t.
Penny has pleaded not guilty to the charges, with his defense arguing that he did not intend to kill Neely. However, the prosecution’s filing points out that second-degree manslaughter only requires proof of reckless, not intentional, actions. Penny’s defense attorney claims that the restraint was not a chokehold and did not involve continued pressure to the neck. The defense also mentions eyewitnesses who described Neely violently resisting their attempt to restrain him.
Penny told police that Neely was acting irate, which led him to use the chokehold to subdue him. The incident, which involved a white former marine and a black man, was partially captured on video and sparked protests throughout New York City. The prosecution’s filing argues that it is evident that squeezing someone’s neck for six minutes can foreseeably result in death.
Penny is scheduled to appear in court on December 6. For more news and updates from CNN, visit CNN.com and create an account.
