The former Marine Daniel Penny, shown on camera holding Jordan Neely in a fatal chokehold on a New York City subway train, turned himself in to police on Friday morning at the Fifth Precinct stationhouse in Chinatown.
Later on in the day, a second-degree manslaughter charge is anticipated against him, according to the Manhattan District Attorney’s office.
Just after 8 a.m. Daniel Penny turned himself in at the Fifth Precinct this morning at the request of the New York County District Attorney’s office, according to his defense attorney Thomas Kenniff. “He did it willingly, with the decency and honesty that have always marked his legacy of devotion to this grateful nation.
The matter will now be heard in court.
The Marine, a former subway busker who made money by mimicking Michael Jackson, was caught on camera May 1 on the floor of the F train with his arm around Neely’s throat.
Neely passed away shortly after.
Later that day, the police questioned Penny but let them go without being charged.
Two days later, the city Medical Examiner determined that Neely, 30, died from compression on his neck and ruled his death a homicide.
Freelance journalist Juan Alberto Vazquez was riding the train and recorded the deadly altercation. Neely had entered the train at the Broadway/Lafayette station shouting about wanting food and money.
Neely reportedly remarked, “I don’t have food, I don’t have a drink, I’m tired,” to the journalist. “I don’t care if I receive life in prison or go to jail… I’m ready to pass away.
Neely, according to Vazquez, “didn’t seem like he wanted to hurt anyone,” the author of a Facebook post.
Neely allegedly got into a fight with Penny after yelling and throwing trash at commuters, according to the police.
Penny allegedly approached him from behind during the tirade and grabbed him in a chokehold. The two guys may be seen on camera lying on the subway car floor, Penny’s legs over Neely’s, and Neely’s arm tightly around Penny.
Thomas Kenniff, Penny’s attorney, who ran against Alvin Bragg for district attorney in 2020, stated that his client acted in self-defense.