Former Marine Daniel Penny, who is charged in the chokehold death of Jordan Neely, pleaded not guilty Wednesday to the second-degree manslaughter charges brought against him.
Penny allegedly held Neely in a 15-minute chokehold during a May 1 incident on a New York City subway train as Neely allegedly acted erratically. After Neely’s death, the Manhattan District Attorney’s Office charged Penny with the manslaughter charge in May and indicted him June 14.
On the train, Neely allegedly screamed “in an aggressive manner” and told passengers he does not care if he goes to jail before taking off his jacket and throwing it on the ground. Penny then stepped in and allegedly held Neely in the chokehold, preventing Neely from being able to move his arms before becoming unresponsive.
Neely had been arrested multiple times and struggled with mental health problems, according to the New York Post.
Former Marine Daniel Penny pleads not guilty in death of Jordan Neely on New York City subway | Just The News https://t.co/nj6WEPtIia
— John Solomon (@jsolomonReports) June 28, 2023
A Manhattan medical examiner ruled the death a homicide May 3. (RELATED: ‘Justice Should Be Colorblind’: Leo Terrell Blows A Gasket Over Marine Vet Charged In Subway Death)
Several witnesses praised Penny after the incident as they reportedly feared for their lives. One unidentified woman in her 60s reportedly called Penny a “hero,” according to the New York Post.
“I’m sitting on a train reading my book, and, all of a sudden, I hear someone spewing this rhetoric. He said, ‘I don’t care if I have to kill an F, I will. I’ll go to jail, I’ll take a bullet,’” the woman told Fox News.
New York law allows for the use of “reasonable” physical force if a person believes they have a “justifiable” need to defend themselves from someone else. A legal expert told the Daily Caller News Foundation Penny could avoid a conviction based on the longstanding law.
Neely’s family said Penny knew “nothing about Jordan’s history” when he “intentionally” held him, and called Penny’s lawyers’ account a “character assassination,” according to the New York Post.