Topline
Daniel Penny, a Marine veteran accused of holding 30-year-old Jordan Neely in a fatal chokehold on a New York City subway last month, pleaded not guilty on Wednesday to a second-degree manslaughter charge.
Key Facts
Penny, who entered his not-guilty plea in New York Supreme Court in Manhattan, had also been arraigned last month on a second-degree manslaughter charge for killing Neely, a death the New York City medical examiner’s office previously ruled a homicide.
The 24-year-old was indicted by a grand jury in New York earlier this month.
If convicted, Penny faces a prison sentence of five to 15 years on the second-degree manslaughter charge.
Key Background
Penny surrendered to New York City authorities on May 12, more than a week after he allegedly held Neely for several minutes on a northbound F train and after video footage revealed Penny brought Neely to the floor of the train in a rear chokehold. Neely was later pronounced dead at a hospital, and the city’s medical examiner said he was choked to death. The video of the incident sparked protests throughout the city demanding justice for Neely’s family and centering on the racial tones of the attack (Penny is white and Neely is Black). Penny was released on a $100,000 bond following his arrest in May.
Contra
Penny’s attorneys Thomas Kenniff and Steven Raiser argued last month the former Marine never meant to harm Neely when he held him in a chokehold, claiming Neely had been “aggressively threatening” passengers on the subway, including Penny. Neely, who busked New York subways as a Michael Jackson impersonator, had been known to struggle with his own mental health, and had been arrested more than 40 instances, including for trespassing, theft and unprovoked assault
Tangent
Penny’s indictment in New York City prompted a firestorm from right-wing pundits and GOP lawmakers including Reps. Marjorie Taylor Greene (R-Ga.) and Matt Gaetz (R-Fla.), who have slammed the criminal charges as an example of the “woke” criminal justice system and sympathized with Penny for allegedly protecting passengers on the subway. Rep. Ronny Jackson (R-Tx.) tweeted earlier this month Penny “did nothing wrong,” while labeling Manhattan District Attorney Alvin Bragg a “disgrace to this country.” Democrats, meanwhile, have demanded justice for Neely, including progressive Rep. Alexandria Ocasio-Cortez (D-N.Y.), who argued prosecutors did not charge Penny soon enough after waiting several days, calling it “disgusting.”
Surprising Fact
A fundraiser for Penny’s legal team raised more than $1.5 million in the first two days after he was charged with second-degree manslaughter. The donation page, hosted by law firm Raiser & Kenniff, P.C., has since garnered more than $2.9 million in contributions as of June 28.
Further Reading
Daniel Penny Indicted For Killing Jordan Neely On NYC Subway, Report Says (Forbes)