The Manhattan District Attorney’s Office is expected to charge Daniel Penny, a 24-year-old former Marine, for the chokehold that led to the death of Jordan Neely on the floor of an F train in Manhattan. Penny is anticipated to surrender as early as Friday.
It has been reported that the decision to charge Penny will not be presented to a grand jury at this time. This information was shared with NBC 4 New York.
Here’s more from NBC4:
NBC 4 New York is told this decision to charge Daniel Penny was made by the Manhattan District Attorney’s Office – and will happen without being presented to a grand jury at this time.
A Manhattan District Attorney spokesperson and NYPD spokesperson have not returned requests for what charge or charges might be filed Friday. Penny’s attorney did not returns calls for comment.
Penny’s attorneys have said previously there was no way he “could have foreseen” that his bid to subdue an alleged perceived threat would turn deadly.
Neely, a homeless 30-year-old, reportedly threatened passengers on a train at the Broadway-Lafayette station in Manhattan on May 1. A fellow rider, Daniel Penny, put him in a chokehold which led to Neely’s death. Penny was questioned by the NYPD but later released from custody.
The medical examiner’s office declared Neely’s death a homicide the next day, sparking a debate on whether Penny’s actions were justifiable defense or vigilantism. The Manhattan district attorney’s office has been investigating the case, and several protests have taken place in Manhattan since Neely’s death, with dozens of arrests made.
— Samantha Max (@samanthaellimax) May 3, 2023
The incident has gone viral for the controversy surrounding Neely. After his death, a video surfaced showing him spewing homophobic slurs at a man before violently attacking him. Neely, a former Michael Jackson impersonator with a long history of criminal behavior. Many have called for Penny to be arrested and charged with murder, while glorifying Neely’s life.
Video surfaces showing Jordan Neely spewing homophobic slurs before violently attacking someone.
“Gay rainbow on his shirt! You look like a f**king drag queen.”
“You look like a fa**ot”
The new idol of the left. pic.twitter.com/WNLd8senv1
— Collin Rugg (@CollinRugg) May 5, 2023
— Censored Men (@CensoredMen) May 6, 2023
Breaking: Protesters are now disrupting the subway in NYC for Jordan Neely pic.twitter.com/NSO5UjAs7x
— Rebecca Brannon (@RebsBrannon) May 6, 2023