Former US Marine Daniel Penny turned himself in to New York City police on Friday in connection with the death of Jordan Neely aboard a subway.
Penny, 24, was arrested for second-degree manslaughter and handcuffed. He appeared in court under police guard and did not enter a statement.
Assistant District Attorney Joshua Steinglass said prosecutors conducted a “thorough investigation” that included interviews with eyewitnesses, 911 callers and responding officers before moving forward with criminal charges.
Daniel Penny, center, is driven out of the New York Police Department’s 5th Precinct in Lower Manhattan on May 12, 2023, on his way to a deposition after turning himself in to authorities after being charged with murder second degree involuntary manslaughter in the death of Jordan Neely. .
Timothy A. Clary/AFP via Getty Images
The video showed Penny putting Neely in a tailspin on May 1 after Neely’s outbursts on an F train. Several witnesses observed Neely making threats, Steinglass told the judge. Penny held Neely for several minutes, and at some point Neely stopped moving, but Penny continued to hold him for a period of time, Steinglass said.
Penny remained at the scene to speak with police, Steinglass noted.
Defense attorney Thomas Kenniff said Penny “has been fully cooperative throughout this process.”
Kenniff told reporters that Penny “surrendered here voluntarily and with the kind of dignity and integrity that is characteristic of his dignity of service to this grateful nation.”
Penny’s lawyers said in a statement Friday: “We hope that Danny will be cleared of all charges.”
Former U.S. Marine Daniel Penny leaves Manhattan Criminal Court after his arraignment in the death of Jordan Neely, a man whose death has been ruled a homicide by the city’s medical examiner after he was ·placed in a chokehold on a subway train, in New York City. May 12, 2023.
Andrew Kelly/Reuters
Penny’s surrender came a day after the Manhattan district attorney’s office confirmed he would be charged with second-degree manslaughter, which carries a maximum penalty of 15 years in prison.
Neely’s family attorney, Lennon Edwards, is defending charges of second-degree murder, saying Penny should have known Neely could die after seeing him struggle during the suffocation.
Donte Mills, attorney for the family of Jordan Neely, a man whose death has been ruled a homicide by the city medical examiner after he was placed in a choke hold on a subway train by former Marine American Daniel Penny, gives a press conference in New York City. , May 12, 2023.
Brendan McDermid/Reuters
Penny “acted nonchalantly,” Neely’s family attorney, Donte Mills, added at a news conference hours after Penny turned herself in. “And we can’t let that stand.”
“For everybody who says, ‘I’ve been on the train and been scared before, and I can’t tell you what I would have done in that situation.’ I’ll say, ask how you can help,” Mills said. “Please don’t attack. Don’t suffocate, don’t kill, don’t take someone’s life.”
Former U.S. Marine Daniel Penny arrives at a New York City police precinct to surrender in the death of Jordan Neely in New York City, U.S., on May 12, 2023.
Brendan McDermid/Reuters
“We don’t want anyone to be afraid on the subway,” Mills said. “But we want people to look at those who might be there in that situation and say, ‘Why?’ And, ‘How can I help them or make a difference?'”
Neely, who was homeless at the time of his death, had a documented mental health history, according to law enforcement sources. Neely had previously been arrested for several subway incidents, though it’s unclear how many, if any, resulted in convictions.
NYPD officers respond to the scene of a reported fight on a subway train, May 1, 2023, in New York.
Paul Martinka/AP
According to authorities, some witnesses told police that Neely was yelling and harassing passengers on the train. Law enforcement sources told ABC News that Penny was not being specifically threatened by Neely when she intervened and that Neely had not become violent and had not been threatening anyone in particular.
In an earlier statement, Penny’s attorneys offered “condolences to those close to Mr. Neely” and claimed, “Mr. Neely began aggressively threatening Daniel” and that the Navy veteran and others “acted to protect themselves.”
“Mr. Neely had a documented history of violent and erratic behavior, the apparent result of an ongoing and untreated mental illness,” the statement from the law firm of Raiser and Kenniff said. “When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect himself until help arrived. Daniel never intended to hurt Mr. Neely and could not have foreseen his untimely death.”
Jordan Neely is pictured before going to see the Michael Jackson movie, “This is It” outside Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York in 2009.
New York Daily News/TNS via Getty Images, FILE
Neely’s death from asphyxiation was ruled a homicide.
“The investigation to date has included numerous interviews of witnesses, a careful review of photographs and videos and conversations with the Medical Examiner’s Office,” Manhattan District Attorney Alvin Bragg said in a statement Friday. “Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn their loss during this extremely painful time.”
The Rev. Al Sharpton in a statement Friday called the charges against Penny “just one step toward justice.”
“Let’s not forget that there were three people who held him back, and it’s vital that the other two are also held accountable for their actions,” Sharpton said. “The justice system must send a clear and loud message that vigilantism has never been acceptable.”
The judge approved Penny’s release on bail on Friday. Penny’s attorney said the former Marine lives in New York City and is in college, pursuing a degree in architecture.
Kenniff noted, “There is nothing less indicative of flight risk than someone voluntarily surrendering.”
The district attorney’s office decided to move forward with charges without first going to a grand jury. The case will still be presented to a grand jury in the coming days as prosecutors work toward an indictment, prosecutors said Friday.
Penny is due back in court on July 17.
ABC News’ Morgan Winsor and Emily Shapiro contributed to this report.
