The Marine who grappled with a homeless man on the New York City Subway in early May has been identified as a sergeant named Daniel Penny, according to multiple reports.
Penny, 24, is the Marine who placed 30-year-old Jordan Neely in a chokehold Tuesday after Neely boarded a Subway train and allegedly began acting aggressively toward his fellow passengers, Insider reported Friday, citing a law enforcement official. Penny’s reported attempt to subdue the allegedly unhinged homeless man proved fatal and Neely’s death was later ruled a homicide by the NYC medical examiner.
Penny joined the Marines in 2017 as an infantryman and rose to the rank of sergeant, Insider reported. His time in the Marines lasted until 2021 — though police officials say he is still on active duty service and in good standing with the U.S. Marine Corps, according to the New York Post. Reportedly a surfing enthusiast, Penny said on his Harri profile that he was passionate about “helping, communicating, and connecting to different people from all over the world,” Insider added.
— New York Post (@nypost) May 5, 2023
Penny’s alleged actions have been both hailed as heroic and criticized as barbaric, with some praising him for intervening given growing concerns about crime and aggression on NYC’s subways. Others have argued there was no justification to subduing Neely and demanded the person responsible be held accountable for alleged murder, The New York Times reported.
The decision to potentially charge the Marine with a crime will come down to whether the restraint of Neely was justified, according to legal experts. New York law allows for the use of physical force if a person “reasonably believes” they need to defend themselves and/or others. A person can only use deadly force if they believe the attacker is about to do the same. (RELATED: Jesse Waters Says Dems Policies Failed Jordan Neely, Push People To ‘Take Matters Into Their Own Hands)
Democratic New York City Mayor Eric Adams urged for calm Wednesday in the wake of Neely’s death, reminding citizens and lawmakers alike that “each situation is different.”
“I don’t think that’s very responsible at the time where we’re still investigating the situation,” Adams said on CNN. “Let’s let the DA conduct his investigation with the law enforcement officials. To really interfere with that is not the right thing to do. And I’m going to be responsible and allow them to do their job and allow them to determine exactly what happened here.”