Former Marine Daniel Penny is set to be arrested and charged in the chokehold death of Jordan Neely on the New York City subway, according to the Manhattan District Attorney’s office.
“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” a Manhattan DA spokesperson told The Hill in a statement.
“We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” the spokesperson added. The DA’s office had said earlier this month that they were investigating the incident.
Thirty-year old Neely, who was Black, died after being put in a chokehold by Penny earlier this month, an incident caught on video that sparked outrage online. He had also reportedly been shouting at passengers on the subway and was tackled by some, and put into the chokehold by Penny.
Neely had reportedly struggled with homelessness and mental illness.
The city chief medical examiner’s office ruled Neely’s death was a homicide, caused by compression of the neck, but noted that the legal system would determine any criminal culpability.
Penny, a 24-year-old Marine veteran who appeared to be white, was reportedly taken into custody and questioned by police but was eventually released. His attorneys claimed he never intended to harm Neely and was acting to protect himself and other subway passengers.
But Neely’s family has said Penny “needs to be in prison.”
Rep. Alexandria Ocasio-Cortez (D-N.Y.) said after the incident that Neely “was murdered.”
“But [because] Jordan was houseless and crying for food in a time when the city is raising rents and stripping services to militarize itself while many in power demonize the poor, the murderer gets protected w/ passive headlines + no charges,” Ocasio-Cortez said.
New York City Mayor Eric Adams called the incident “a tragedy that never should have happened.”