NYC subway chokehold: Daniel Penny, from West Islip, to be charged criminally in death of Jordan Neely, prosecutors say

Daniel Penny, the Marine Corps veteran from West Islip who used a chokehold to restrain subway rider Jordan Neely, causing his death more than a week ago, is scheduled to turn himself in Friday to face second-degree manslaughter charges, officials said.

In a statement released late Thursday, a spokesman for Manhattan District Attorney Alvin Bragg confirmed that Penny would be charged but gave no further information.

A police official said that Penny, who left the Marine Corps in 2021, would surrender at the Fifth Precinct in Manhattan early Friday morning. He is expected to be arraigned later at Manhattan Criminal Court.

In New York, second-degree manslaughter, a class C felony, is not an intentional crime. It means a person "recklessly" causes the death of another person. To be found guilty of that charge, the law says, it must be determined that the defendant engaged in conduct which "creates or contributes to a substantial and unjustifiable risk that another person's death will occur," is aware of that risk and "consciously disregards" it.

Steven Raiser, Penny's attorney, said in an emailed statement: "When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing."

Just Wednesday, NYPD Chief of Detectives James Essig had said in a briefing with reporters that investigators were “not quite there yet” in deciding with prosecutors if there was enough evidence to bring charges in the death. Neely, 30, according to some witnesses, had been screaming and menacing other passengers last Monday on an F train in Manhattan.

Neely, who was seen on a video shot by a civilian being restrained by Penny and others, had a history of mental illness, according to police and reports from his family.

He died of asphyxiation as a result of the chokehold and his death was ruled a homicide by the city medical examiner. The former Marine’s lawyers put out a statement over the weekend calling Neely’s death an unforeseen tragedy.

Mayor Eric Adams said in a statement: “I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely. I have the utmost faith in the judicial process, and now justice can move forward against Daniel Penny.”

Comptroller Brad Lander, who has been critical of Penny, said through his office: “To honor Jordan’s humanity and move forward as a city, we need both accountability for his killing, which DA Bragg is bringing, and compassionate policy to rebuild our systems of care and safety.”

An attorney for the Neely family couldn’t be reached for comment Thursday.

Neely’s death has sparked a number of demonstrations and calls by his family and other advocates to charge Penny with intentional murder. Demonstrators briefly stopped a subway train over the weekend and police charged a number of them.

With Matthew Chayes

By Anthony M. DeStefano

tony.destefano@newsday.com

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.