Daniel Penny has said he did not intend to kill artist Jordan Neely, whose death sparked protests in New York City.
A grand jury in New York City voted to indict former US Marine Daniel Penny for planting a man in a stranglehold in a subway car, which led to his death.
Wednesday’s indictment will allow the criminal case against Penny to move forward as outrage continues over the May 1 killing of Jordan Neely, a local street performer with a history of homelessness and mental health issues.
In a statement, New York Mayor Eric Adams applauded Manhattan District Attorney Alvin Bragg for his work on the case. Bragg’s office filed a felony charge of second-degree manslaughter against Penny on May 12, amid intense public scrutiny and criticism over the delay in the Marine’s arrest.
“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely,” Adams said. “As I said when the DA first filed charges, I have the utmost faith in the judicial process, and now that the grand jury has indicted Daniel Penny, a trial and justice can move forward.”
The charge or charges in the grand jury indictment have yet to be unsealed. Penny is expected to appear in court at a later date.
Penny has claimed that she only wanted to subdue Neely, who was displaying erratic behavior while riding the subway car. But Neely’s murder has reignited debate on issues like mental health resourcespublic safety and racial divisions in the United States.
Neely, who often danced in costumes as the late pop star Michael Jackson, was allegedly screaming on the subway when Penny pinned him to the ground and choked him for more than three minutes, an act that was captured on cellphone video.
Penny has stated that Neely had yelled, “I’m going to kill you”, and that he was “ready to die”. Lawyers for the ex-marine have said he and other subway passengers “acted to protect themselves” by holding Neely down.
But witnesses have said Neely did not physically threaten or attack anyone before he was restrained. Neely also reportedly yelled, “I want food!”
Footage of Penny’s strangulation quickly went viral, sparking protests in and around the New York subway stop near where Neely was killed. In the video, off-screen passengers can be heard asking where the police are. One warns Penny that the strangulation could be killing Neely.
A coroner later ruled the death a homicide resulting from “neck compression”.
The case, however, has been highlighted by both sides of the political spectrum as evidence of broader social problems.
New York Democratic Rep. Alexandria Ocasio-Cortez tweeted about barriers to accessing “social safety net support,” and fellow Rep. Ayanna Pressley likened the killing to a lynching. Penny is white; Neely is black.
Republican Presidential candidate Meanwhile, Ron DeSantis has called Penny a “good Samaritan” and raised funds for her defense.
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