Daniel Penny indicted in Jordan Neely subway death as ex-marine’s arraignment set for 28 June
A grand jury has voted to indict a 24-year-old former US Marine over the death of 30-year-old homeless New Yorker Jordan Neely who he placed in a fatal chokehold on a Manhattan subway train last month.
Daniel Penny initially faced a charge of second-degree manslaughter when he was arraigned in Manhattan Criminal Court on 12 May. He did not enter a plea and has remained out of custody on a $100,000 bond.
On Wednesday, a grand jury indicted Mr Penny on a second-degree manslaughter charge and criminally negligent homicide charge. The indictment is expected to be unsealed at a later court date. His arraignment is set for 28 June.
Following the news, a legal fund set up to support the 24-year-old soared past $2.8m as conservatives continue to hail Mr Penny as a hero. Meanwhile, Neely’s family welcomed the indictment and thanked AOC and “every peaceful protester and all who still believe wrong actions should have consequences”.
Mr Penny has defended his actions in interviews with Fox News and The New York Post.
Key points
Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely
Jordan Neely’s family thanks AOC after grand jury indictment
Daniel Penny legal fund soars past $2.8m after grand jury indictment
Who is Jordan Neely, the man killed in a NYC subway chokehold?
Who is Daniel Penny, the former Marine charged over subway death?
Welcome to the Daniel Penny live blog
Wednesday 14 June 2023 22:49 , Graeme Massie
This live blog will cover the reported indictment of Daniel Penny for the New York City subway death of Jordan Neely.
Daniel Penny Maintains NYC Subway Death of Jordan Neely Not Race Related
Wednesday 14 June 2023 23:03 , Graeme Massie
Fundraiser for Daniel Penny tops $2.8m
Wednesday 14 June 2023 23:28 , Graeme Massie
An online fundraising campaign for Mr Penny’s legal defence was launched on the Christian crowdfunding platform GiveSendGo, a website created in response to GoFundMe removing far-right campaigns that violated its terms of service.
The fundraiser reached more than $2m within days of its launch, including roughly $600,000 on the day Mr Penny was charged alone.As of 14 June, following news of a grand jury indictment, the fundraiser has reached more than $2.8m.
Several donors – including Kid Rock, far-right streamer Tim Pool, and Republican presidential candidate Vivek Ramaswamy – have contributed huge sums to Mr Penny’s fund, which is run by his attorneys. Mr Ramaswamy donated $10,000.
“Penny is the Subway Good Samaritan and we are lucky to have brave souls like him who are willing to do the right thing,” said Mr Pool, who confirmed his $20,000 donation on 15 May.
“Thank you for protecting the citizens that day,” wrote another donor who contributed $10,000.
“Mr Penny is a hero. Alvin Bragg is a POS,” Kid Rock wrote in a message with his $5,000 donation.
'I knew I had to act,' Daniel Penny details NYC subway chokehold
Wednesday 14 June 2023 23:44 , Graeme Massie
Daniel Penny’s lawyers react to grand jury indictment
Wednesday 14 June 2023 23:58 , Graeme Massie
The lawyers, Steven Raiser and Thomas Kenniff of the firm Raiser & Kenniff, issued the following statement:
“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified,” Mr Raiser said.
“We’re all saddened at the loss of human life,” added Mr Kenniff. “Daniel Penny saw a genuine threat and took action to protect the lives of others.”
Rev Al Sharpton comment on Daniel Penny indictment
02:01 , Graeme Massie
“The National Action Network has stood in support of Jordan’s family since day one. This was a clear-cut case of vigilantism that has no place in our society, which is why I spoke against it at Jordan’s funeral,” Rev Sharpton said in his statement.
Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely
04:02 , Graeme Massie
The 24-year-old former US Marine was initially charged with second-degree manslaughter last month.
Alex Woodward has the story.
Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely
AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny for subway death
06:04 , Graeme Massie
New York Democrat advocated for victim and his family after his death and attended his funeral in Harlem on 19 May.
AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny
Daniel Penny indicted on manslaughter charges
07:54 , Graeme Massie
Jordan Neely’s family reacts to Daniel Penny indictment
10:01 , Graeme Massie
Lawyers from Mills & Edwards representing Jordan Neely’s family, issued a statement, saying “We believe in our criminal justice system and believe it worked today.
“Daniel Penny’s indictment is the right result for the wrong he committed. The grand jury’s decision tells our city and our nation that “no one is above the law” no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews. Bottom line- at some point Mr Penny should have let go before Jordan died.
“There is no excuse for choking anyone for that long. Any reasonable person knows choking someone for that long will kill them.Daniel Penny did not have the right to be the judge, jury and executioner.
“The fight is not over but it took a lot of work to get to this place. The Neely family sends its sincerest thanks especially to our courageous elected officials like AOC and others, every peaceful protester and all who still believe wrong actions should have consequences.
“We will continue to fight on behalf of Jordan as this process moves forward.”
Daniel Penny legal fund soars past $2.8m after grand jury indictment
10:30 , Rachel Sharp
A legal fund set up to support the 24-year-old former Marine Daniel Penny has topped $2.8m after it emerged that he has been indicted by a grand jury over the death of Jordan Neely.
While many New Yorkers have condemned Mr Penny’s actions and mental health advocates have argued against vigilante-style actions treating mentally ill people as though they are criminals, the former Marine has also received an outpouring of support from right-wing personalities branding him a hero and arguing his actions were pro-public safety.
Now, a legal fund set up on the Christian fundraising site GiveSendGo by Mr Penny’s attorneys at the firm Raiser and Kenniff has pulled in over $2.8m in donations to help cover his legal costs, as of 15 June.
“Daniel Penny is, a twenty-four-year-old college student and decorated Marine veteran, facing a criminal investigation stemming from him protecting individuals on a NYC subway train from an assailant who later died. Funds are being raised to pay Mr. Penny’s legal fees incurred from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense. All contributions are greatly appreciated. Any proceeds collected which exceed those necessary to cover Mr. Penny’s legal defense will be donated to a mental health advocacy program in New York City,” it reads.
Jordan Neely, the man killed in a NYC subway chokehold
11:00 , Graeme Massie
Skilled Michael Jackson impersonator died after being held in chokehold by member of the public on a train carriage floor, sparking angry protests and mass outrage.
Jordan Neely, the man killed in a NYC subway chokehold
WATCH: Al Sharpton delivers the eulogy for Jordan Neely at funeral
11:30 , Rachel Sharp
How Republicans and right-wing media turned Jordan Neely’s killer into a hero
12:00 , Rachel Sharp
In his upside-down version of the parable, Florida Governor Ron DeSantis compared the man who fatally choked a homeless New Yorker to the “good Samaritan,” the biblical figure who came to the aid of a man who was stripped, beaten and left for dead on the side of the road.
According to witness accounts, Jordan Neely loudly complained of hunger and thirst when he boarded a Manhattan F train on 1 May, said he did not care whether he was jailed or killed, and threw his jacket to the ground before a man identified as Daniel Penny grabbed him from behind and pinned him to the ground in a chokehold for several minutes.
“We stand with Good Samaritans like Daniel Penny,” Mr DeSantis wrote on Twitter after Mr Penny was formally charged with manslaughter on 12 May. “Take back the streets for law abiding citizens,” he wrote.
Republican elected officials and right-leaning media outlets and personalities have similarly described Mr Penny as a heroic figure, and lambasted the fact that charges were brought against him at all, rejecting the idea that prosecutors or law enforcement should even investigate.
The Independent’s Alex Woodward investigates:
How Republicans and right-wing media turned Jordan Neely’s killer into a hero
How long does Daniel Penny face in prison?
12:30 , Rachel Sharp
Daniel Penny is facing up to 15 years in prison over the subway killing of homeless Michael Jackson impersonator Jordan Neely.
On Wednesday, a New York grand jury voted to indict the 24-year-old former US Marine over the death of the 30-year-old who he placed in a fatal chokehold on a Manhattan subway train last month.
The grand jury indictment formally charging Mr Penny with second-degree manslaughter and criminally negligent homicide is expected to be unsealed at a later court date.
If convicted, he could face up to 15 years in state prison on the manslaughter charges. The criminally negligent homicide carries a maximum sentence of four years.
Daniel Penny: Everything we know about ex-Marine filmed choking Jordan Neely in fatal subway incident
13:00 , Graeme Massie
A subway passenger fatally choked a homeless street performer on the Manhattan F train.
Everything we know about Daniel Penny, filmed fatally choking Jordan Neely
WATCH: Shocking moment Fox News’ Greg Gutfeld blames George Floyd for Jordan Neely’s death
13:30 , Rachel Sharp
VOICES: People are embracing Daniel Penny. It’s eerily familiar
14:00 , Rachel Sharp
“Cue the newest hero on the MAGA celebrity circuit: Daniel Penny, the former marine whose golden ticket to infamy was allegedly choking to death 30-year-old Jordan Neely, a Black homeless man with mental health issues on a New York City subway. Penny has been charged with second-degree manslaughter. He happens to be white, and is using self-defense as the excuse for his actions.
“Sound familiar?”
Stephen Lyons writes for The Independent last month:
People are embracing Daniel Penny. It’s eerily familiar | Opinion
Recap: Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely
14:45 , Oliver O'Connell
The 24-year-old former US Marine was initially charged with second-degree manslaughter last month.
Alex Woodward has the story.
Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely
Fundraiser for Daniel Penny tops $2.8m
15:30 , Oliver O'Connell
An online fundraising campaign for Mr Penny’s legal defence was launched on the Christian crowdfunding platform GiveSendGo, a website created in response to GoFundMe removing far-right campaigns that violated its terms of service.
The fundraiser reached more than $2m within days of its launch, including roughly $600,000 on the day Mr Penny was charged alone.As of 14 June, following news of a grand jury indictment, the fundraiser has reached more than $2.8m.
Several donors – including Kid Rock, far-right streamer Tim Pool, and Republican presidential candidate Vivek Ramaswamy – have contributed huge sums to Mr Penny’s fund, which is run by his attorneys. Mr Ramaswamy donated $10,000.
“Penny is the Subway Good Samaritan and we are lucky to have brave souls like him who are willing to do the right thing,” said Mr Pool, who confirmed his $20,000 donation on 15 May.
“Thank you for protecting the citizens that day,” wrote another donor who contributed $10,000.
“Mr Penny is a hero. Alvin Bragg is a POS,” Kid Rock wrote in a message with his $5,000 donation.
16:15 , Oliver O'Connell
New York DA office declines to comment further
16:44 , Oliver O'Connell
A statement from the New York District Attorney’s Office reads:
A grand jury has returned a true bill in the case against Daniel Penny. The Supreme Court arraignment will be held on June 28 in Part 42. We cannot comment further until the arraignment takes place.
Rev Al Sharpton comment on Daniel Penny indictment
17:00 , Oliver O'Connell
“The National Action Network has stood in support of Jordan’s family since day one. This was a clear-cut case of vigilantism that has no place in our society, which is why I spoke against it at Jordan’s funeral,” Rev Sharpton said in his statement.
AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny for subway death
17:45 , Oliver O'Connell
New York Democrat advocated for victim and his family after his death and attended his funeral in Harlem on 19 May.
AOC praised by Jordan Neely’s family as grand jury indicts Daniel Penny
Jordan Neely’s family reacts to Daniel Penny indictment
18:15 , Oliver O'Connell
Lawyers from Mills & Edwards representing Jordan Neely’s family, issued a statement, saying “We believe in our criminal justice system and believe it worked today.
“Daniel Penny’s indictment is the right result for the wrong he committed. The grand jury’s decision tells our city and our nation that “no one is above the law” no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews. Bottom line- at some point Mr Penny should have let go before Jordan died.
“There is no excuse for choking anyone for that long. Any reasonable person knows choking someone for that long will kill them.Daniel Penny did not have the right to be the judge, jury and executioner.
“The fight is not over but it took a lot of work to get to this place. The Neely family sends its sincerest thanks especially to our courageous elected officials like AOC and others, every peaceful protester and all who still believe wrong actions should have consequences.
“We will continue to fight on behalf of Jordan as this process moves forward.”
How Republicans and right-wing media turned Jordan Neely’s killer into a hero
18:45 , Oliver O'Connell
In his upside-down version of the parable, Florida Governor Ron DeSantis compared the man who fatally choked a homeless New Yorker to the “good Samaritan,” the biblical figure who came to the aid of a man who was stripped, beaten and left for dead on the side of the road.
According to witness accounts, Jordan Neely loudly complained of hunger and thirst when he boarded a Manhattan F train on 1 May, said he did not care whether he was jailed or killed, and threw his jacket to the ground before a man identified as Daniel Penny grabbed him from behind and pinned him to the ground in a chokehold for several minutes.
“We stand with Good Samaritans like Daniel Penny,” Mr DeSantis wrote on Twitter after Mr Penny was formally charged with manslaughter on 12 May. “Take back the streets for law abiding citizens,” he wrote.
Republican elected officials and right-leaning media outlets and personalities have similarly described Mr Penny as a heroic figure, and lambasted the fact that charges were brought against him at all, rejecting the idea that prosecutors or law enforcement should even investigate.
The Independent’s Alex Woodward investigates:
How Republicans and right-wing media turned Jordan Neely’s killer into a hero
How long does Daniel Penny face in prison?
19:15 , Oliver O'Connell
Daniel Penny is facing up to 15 years in prison over the subway killing of homeless Michael Jackson impersonator Jordan Neely.
On Wednesday, a New York grand jury voted to indict the 24-year-old former US Marine over the death of the 30-year-old who he placed in a fatal chokehold on a Manhattan subway train last month.
The grand jury indictment formally charging Mr Penny with second-degree manslaughter and criminally negligent homicide is expected to be unsealed at a later court date.
If convicted, he could face up to 15 years in state prison on the manslaughter charges. The criminally negligent homicide carries a maximum sentence of four years.
Daniel Penny: Everything we know about ex-Marine filmed choking Jordan Neely in fatal subway incident
19:45 , Oliver O'Connell
A subway passenger fatally choked a homeless street performer on the Manhattan F train — here’s what we know about him.
Everything we know about Daniel Penny, filmed fatally choking Jordan Neely
VOICES: People are embracing Daniel Penny. It’s eerily familiar
20:30 , Oliver O'Connell
“Cue the newest hero on the MAGA celebrity circuit: Daniel Penny, the former marine whose golden ticket to infamy was allegedly choking to death 30-year-old Jordan Neely, a Black homeless man with mental health issues on a New York City subway. Penny has been charged with second-degree manslaughter. He happens to be white, and is using self-defense as the excuse for his actions.
“Sound familiar?”
Stephen Lyons writes for The Independent last month:
People are embracing Daniel Penny. It’s eerily familiar | Opinion
