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Former Marine Daniel Penny surrenders to police in subway chokehold death of Jordan Neely

May 12, 2023, 22:39 IST
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Former US Marine Daniel Penny arrives at a New York City Police precinct to surrender for the death of Jordan Neely.REUTERS/Brendan McDermid
  • The man seen on video putting Jordan Neely in a fatal chokehold on an NYC subway has surrendered.
  • Daniel Penny turned himself in to the NYPD's 5th Precinct in lower Manhattan on Friday morning.
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The former Marine seen on cellphone video putting Jordan Neely, a homeless New York City subway rider, in a fatal chokehold earlier this month surrendered to authorities Friday morning.

Daniel Penny, 24, turned himself in to the New York Police Department's 5th Precinct in lower Manhattan and was arrested.

The office of Manhattan District Attorney Alvin Bragg said on Wednesday Penny would be charged with second-degree charged with second-degree manslaughter for Neely's death.

Minutes after Penny surrendered, his attorney, Thomas Keniff, told reporters his client turned himself in "voluntarily and with the sort of the dignity and integrity that is characteristic of his history of service to this grateful nation."

If convicted, Penny would face a minimum of three-and-a-half years in prison, and as much as 15 years, under New York state sentencing guidelines.

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Authorities later led Penny out of the police precinct in handcuffs and placed him into a car ahead of his arraignment at Manhattan Criminal Court.

Witnesses to the May 1 incident on board an F train said Neely, a 30-year-old Black man, was screaming about being hungry and thirsty before Penny, a white man, put him in a deadly chokehold.

Former US Marine Daniel Penny is taken from a New York City Police precinct under arrest for the death of Jordan Neely.REUTERS/Brendan McDermid

There has been no evidence so far that Neely physically attacked anyone on the train, and the incident has sparked protests throughout the city.

Penny had been questioned by the NYPD on the day of the incident, but he was initially released without being charged.

The New York City Office of the Chief Medical Examiner ruled that Neely died due to "compression of neck" and classified his death as a homicide.

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Civil rights activist Rev. Al Sharpton said in a statement on Friday as Penny turned himself in that the expected charge against Penny "who thought he was above the law is just step one in justice for Jordan Neely."

Still from a video show three men, including Daniel Penny, either retstraining or standing near Jordan Neely in a subway altercation that ended in Neely's death.Juan Alberto Vázquez/Reuters

"The video of him grabbing Jordan and strangling him to death is disturbing and any jury should see it as such," said Sharpton, who called for the two other straphangers seen on the video appearing to help restrain Neely to be "held accountable for their actions."

Sharpton added, "The justice system needs to send a clear, loud message that vigilantism has never been acceptable. Being homeless or Black or having a mental health episode should not be a death sentence."

Neely's family has requested Sharpton deliver the eulogy for Neely in Harlem next Friday, according to Sharpton.

Penny, in a statement released through his lawyers last week, expressed his condolences to Neely's family and friends and said that he "never intended to harm" Neely.

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Daniel Penny.REUTERS/Brendan McDermid

"Mr. Neely had a documented history of violence and erratic behavior, the apparent result of ongoing and untreated mental illness," the statement read.

It continued: "When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."

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