Ex-US Marine accused of fatal New York subway chokehold released on bail
Saturday, 13 May 2023 (14:24 IST)
A former United States Marine sergeant accused of placing a passenger in a fatal chokehold on the New York subway appeared briefly in Manhattan criminal court hours after surrendering to police.
Daniel Penny was charged with second-degree manslaughter in connection with the May 1 death of Jordan Neely and faces up to 15 years in jail if convicted.
He did not enter a plea and was released on a $100,000 (€91,599) bond. He's required to surrender his passport, and he can't leave New York State without approval.
Penny is due back in court on July 17.
Viral video contributed to Penny's arrest
According to the charge sheet, Penny "recklessly" caused the death of 30-year-old Neely, but it stops short of saying he intended to kill.
A viral video showed him putting Neely in a chokehold on May 1 while they rode on an F train in Manhattan.
Another passenger pinned Neely's arms while a third person held down his shoulder. He lost consciousness during the struggle.
Neely died from compression of the neck, the medical examiner said.
He had allegedly been screaming and begging for money aboard the train before the takedown.
It triggered widespread protests regarding racial inequality and the city's handling of social services for those in need.
Thomas Kenniff, a lawyer for Penny, said he didn't mean to harm Neely and is dealing with the situation with the "integrity and honor that is characteristic of who he is and characteristic of his honorable service in the United States Marine Corps."
Donte Mills, a lawyer for Neely's family, disputed Penny's version of events, saying the veteran "acted with indifference. He didn't care about Jordan; he cared about himself. And we can't let that stand."
In a statement after the hearing, Manhattan District Attorney Alvin Bragg said prosecutors decided to charge Penny after interviewing eyewitnesses, reviewing footage and speaking with medical examiners.
Incident shining a light on mental health
Neely was known by some in New York as he regularly impersonated Michael Jackson and danced in the Times Square transit hub.
According to friends, he struggled with worsening mental health in recent years.
He had been arrested several times and had recently pleaded guilty to assaulting a 67-year-old woman in 2021 as she left a subway station. After pleading guilty, he missed a court date, leading to a warrant for his arrest that was still active at the time of his death.
