7 Key Details in Controversial Subway Chokehold Death Case
Daniel Penny entered a plea of “not guilty” on Wednesday. Here's what happens next.
On May 1, Daniel Penny, 24, was on a subway train in New York City when he encountered a homeless Black man, Jordan Neely, who was yelling obscenities and threats. The Marine Corps veteran put him in a chokehold for several minutes, resulting in Neely's death. After New York's medical examiner ruled the death a homicide, Penny was charged with second-degree manslaughter and criminally negligent homicide.
On Wednesday, he pled not guilty at his arraignment after being indicted by a grand jury two weeks ago. Here are 7 key details in the controversial case.
Penny maintains that he was acting in self-defense. Witnesses say that Neely was acting in a "hostile and erratic manner." And, according to Penny's attorneys, Steven Raiser and Thomas Kenniff, while their client is "saddened at the loss of human life," he "saw a genuine threat and took action to protect the lives of others."
The Manhattan District Attorney doesn't agree. "Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving," Alvin Bragg (D) said in a news release Wednesday.
"I hope Mr. Neely's loved ones are on the path towards healing as they continue to mourn this tragic loss."
The indictment unsealed on Wednesday offered new details in the case that has divided New Yorkers. It says that Penny placed Neely in a chokehold "for several minutes, including after Mr. Neely's body stopped moving." The minutes-long incident was also filmed on camera.
Penny, who is White, was initially arrested and released without charges. As the video spread online, people started protesting. Two days later, the medical examiner declared the death a homicide.
Neely had a history of mental illness and a criminal record. He had previously been charged with attacking people on the subway. Donte Mills and Lennon Edwards, attorneys for Neely's family, told The Washington Post after the grand jury indictment that it was the "right result for the wrong [Penny] committed" and that "Daniel Penny did not have the right to be the judge, jury and executioner."
His next court appearance is now scheduled for Oct. 25. If convicted, he faces five to 15 years in prison for manslaughter and up to four years if he's convicted on the criminally negligent homicide charge.
Kenniff is confident his client will be acquitted. "We are a long way off from trial, but all the evidence we've seen is that our client acted under the law," he said.