Soon after the White House demanded a “thorough investigation” into the murder of Jordan Neely, an unhoused Black man, earlier this month on a subway car in New York, the suspect, an ex-Marine, learned he will face second-degree manslaughter charges.
“We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree,” the Manhattan district attorney’s office announced in a statement late Thursday.
Penny was arraigned and criminally charged in a Manhattan court the following day.
Witnesses claim that while riding the F train on May 1, Neely appeared agitated as he sought food. Penny proceeded to place Neely in a chokehold for nearly 15 minutes.
Neely, who had been celebrated for his subway performances impersonating the late pop star Michael Jackson, died shortly after the incident, and while police questioned Penny, they released him without charges.
“Jordan Neely’s killing was tragic and deeply disturbing,” a White House spokesman said last week. “Our hearts go out to his family and loved ones. We firmly believe that the events surrounding his death demand a thorough investigation.”
The White House wasn’t the only entity demanding further action. Neely’s death sparked protests and a national debate and brought attention to the occasionally harsh and violent treatment of homeless people, particularly those with mental illness.
Penny’s attorneys defended him despite a national uproar over the incident. They claim that Neely was the aggressor, and his alleged mental illness exacerbated the situation.
“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves until help arrived,” Penny’s lawyers stated. “Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.”
Neely’s relatives responded, alleging Penny never helped Neely and didn’t care about him.
According to Neely’s attorneys, Daniel Penny’s press release was not an apology, and the former marine hasn’t expressed regret for his deadly act.
“It is a character assassination and a clear example of why he believed he was entitled to take Jordan’s life.”
A service for Neely is scheduled on Friday and the Rev. Al Sharpton will deliver the eulogy.
The memorial is at the Mount Neboh Baptist Church in Harlem. Rev. Johnnie Melvin Green Jr., senior pastor of the church, said he invited Sharpton at the Neely family’s request.
“As we face sorrow, pain, and uncertainty in the wake of Jordan’s senseless killing, it is crucial that we come together in the spirit of healing, action, and perseverance,” Green said in a statement.
“I can think of no one better, no one more equipped to meet this moment with that grace and guidance than Rev. Sharpton.”
Neely’s death was ruled a homicide by the city chief medical examiner’s office, which said he died from compression of the neck.
Penny, 24, was initially questioned and released before he was arraigned and criminally charged with second-degree manslaughter Friday.
Penny, who did not enter a plea, was released after posting a $100,000 bail. He was ordered to surrender his passport and was forbidden to leave the state of New York. His next court date is July 17.
Republican Florida Gov. Ron DeSantis, who is running for president, called Penny a “good Samaritan” and the Christian fundraising site GiveSendGo has raised more than $2.5 million for Penny’s legal funds as of Wednesday.
Republican presidential candidate Nikki Haley said on FOX News Tuesday that New York Gov. Kathy Hochul should pardon Penny.
“No question about it. She needs to pardon him right away. It’s the right thing to do,” adding that it’s in Penny’s “blood to defend and protect” as someone who had served in the military.
