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As it happenedended

Daniel Penny indicted in Jordan Neely subway death as ex-marine’s arraignment set for 28 June

Daniel Penny is accused of placing Jordan Neely in fatal chokehold on subway train in May

Graeme Massie,Oliver O'Connell
Thursday 15 June 2023 21:05 BST
Video: 'I knew I had to act,' Daniel Penny details NYC subway chokehold

A grand jury has voted to indict a 24-year-old former US Marine over the death of 30-year-old homeless New Yorker Jordan Neely who he placed in a fatal chokehold on a Manhattan subway train last month.

Daniel Penny initially faced a charge of second-degree manslaughter when he was arraigned in Manhattan Criminal Court on 12 May. He did not enter a plea and has remained out of custody on a $100,000 bond.

On Wednesday, a grand jury indicted Mr Penny on a second-degree manslaughter charge and criminally negligent homicide charge. The indictment is expected to be unsealed at a later court date. His arraignment is set for 28 June.

Following the news, a legal fund set up to support the 24-year-old soared past $2.8m as conservatives continue to hail Mr Penny as a hero. Meanwhile, Neely’s family welcomed the indictment and thanked AOC and “every peaceful protester and all who still believe wrong actions should have consequences”.

Mr Penny has defended his actions in interviews with Fox News and The New York Post.

Daniel Penny indicted by grand jury
Oliver O'Connell15 June 2023 16:15

New York DA office declines to comment further

A statement from the New York District Attorney’s Office reads:

A grand jury has returned a true bill in the case against Daniel Penny. The Supreme Court arraignment will be held on June 28 in Part 42. We cannot comment further until the arraignment takes place.

Oliver O'Connell15 June 2023 16:44

Rev Al Sharpton comment on Daniel Penny indictment

“The National Action Network has stood in support of Jordan’s family since day one. 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,” Rev Sharpton said in his statement.

Oliver O'Connell15 June 2023 17:00

AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny for subway death

New York Democrat advocated for victim and his family after his death and attended his funeral in Harlem on 19 May.

AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny

New York Democrat advocated for victim and his family after his death and attended his funeral in Harlem on 19 May

Oliver O'Connell15 June 2023 17:45

Jordan Neely’s family reacts to Daniel Penny indictment

Lawyers from Mills & Edwards representing Jordan Neely’s family, issued a statement, saying “We believe in our criminal justice system and believe it worked today.

“Daniel Penny’s indictment is the right result for the wrong he committed. The grand jury’s decision tells our city and our nation that “no one is above the law” no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews. Bottom line- at some point Mr Penny should have let go before Jordan died.

“There is no excuse for choking anyone for that long. Any reasonable person knows choking someone for that long will kill them.Daniel Penny did not have the right to be the judge, jury and executioner.

“The fight is not over but it took a lot of work to get to this place. The Neely family sends its sincerest thanks especially to our courageous elected officials like AOC and others, every peaceful protester and all who still believe wrong actions should have consequences.

“We will continue to fight on behalf of Jordan as this process moves forward.”

Oliver O'Connell15 June 2023 18:15

How Republicans and right-wing media turned Jordan Neely’s killer into a hero

In his upside-down version of the parable, Florida Governor Ron DeSantis compared the man who fatally choked a homeless New Yorker to the “good Samaritan,” the biblical figure who came to the aid of a man who was stripped, beaten and left for dead on the side of the road.

According to witness accounts, Jordan Neely loudly complained of hunger and thirst when he boarded a Manhattan F train on 1 May, said he did not care whether he was jailed or killed, and threw his jacket to the ground before a man identified as Daniel Penny grabbed him from behind and pinned him to the ground in a chokehold for several minutes.

“We stand with Good Samaritans like Daniel Penny,” Mr DeSantis wrote on Twitter after Mr Penny was formally charged with manslaughter on 12 May. “Take back the streets for law abiding citizens,” he wrote.

Republican elected officials and right-leaning media outlets and personalities have similarly described Mr Penny as a heroic figure, and lambasted the fact that charges were brought against him at all, rejecting the idea that prosecutors or law enforcement should even investigate.

The Independent’s Alex Woodward investigates:

How Republicans and right-wing media turned Jordan Neely’s killer into a hero

From the outset of the media spectacle surrounding the case, right-wing lawmakers and commentators have sought to focus Jordan Neely’s death as a failure of Democratic policy around crime while justifying the actions of the man who fatally choked him, writes Alex Woodward

Oliver O'Connell15 June 2023 18:45

How long does Daniel Penny face in prison?

Daniel Penny is facing up to 15 years in prison over the subway killing of homeless Michael Jackson impersonator Jordan Neely.

On Wednesday, a New York grand jury voted to indict the 24-year-old former US Marine over the death of the 30-year-old who he placed in a fatal chokehold on a Manhattan subway train last month.

The grand jury indictment formally charging Mr Penny with second-degree manslaughter and criminally negligent homicide is expected to be unsealed at a later court date.

If convicted, he could face up to 15 years in state prison on the manslaughter charges. The criminally negligent homicide carries a maximum sentence of four years.

Oliver O'Connell15 June 2023 19:15

Daniel Penny: Everything we know about ex-Marine filmed choking Jordan Neely in fatal subway incident

A subway passenger fatally choked a homeless street performer on the Manhattan F train — here’s what we know about him.

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

A subway passenger fatally choked a homeless street performer on the Manhattan F train

Oliver O'Connell15 June 2023 19:45

VOICES: People are embracing Daniel Penny. It’s eerily familiar

“Cue the newest hero on the MAGA celebrity circuit: Daniel Penny, the former marine whose golden ticket to infamy was allegedly choking to death 30-year-old Jordan Neely, a Black homeless man with mental health issues on a New York City subway. Penny has been charged with second-degree manslaughter. He happens to be white, and is using self-defense as the excuse for his actions.

“Sound familiar?”

Stephen Lyons writes for The Independent last month:

Oliver O'Connell15 June 2023 20:30

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