Daniel Penny charged with manslaughter over subway death of Jordan Neely – latest

The former US Marine who held Jordan Neely in a fatal chokehold on a New York City subway earlier this month was formally charged with second-degree manslaughter during a brief appearance in criminal court.

Daniel Penny, 24, surrendered to New York authorities to face criminal charges on Friday morning and was arraigned in criminal court shortly after noon. His bail was set at $100,000. He did not enter a plea.

Manhattan prosecutors confirmed the charges on Thursday.

Mr Penny was filmed wrapping his arm around Neely’s neck on the floor of a train car for several minutes on 1 May after witnesses said the 30-year-old homeless former street performer loudly complained about hunger and thirst. The city’s medical examiner ruled Neely’s death a homicide .

Attorneys for Mr Penny have insisted that he defended himself and “risked his own life and safety, for the good of his fellow passengers” by pinning Neely to the floor of the train.

The death of Neely, known to New Yorkers for his impersonations of Michael Jackson, has led to widespread criticism and protests demanding justice for his killing and support for mental health services for people experiencing homelessness.

Key Points

• Daniel Penny is formally charged and released pending next court hearing

• Daniel Penny surrenders to police ahead of arraignment in criminal court

• Neely family attorneys stress that the homeless New Yorker did not physically attack subway passengers

• Eric Adams: ‘Jordan Neely did not deserve to die'

• Death a ‘wake-up call’ demanding urgent response to mental health crisis, governor says

Press association defends photojournalist arrested during protests

Wednesday 10 May 2023 09:00 , Alex Woodward

The New York Press Photographers Association described Stephanie Keith as “an intrepid photojournalist” in a statement of support after her arrest while photographing protests on Monday night.

“We support our colleague and believe that a review of the evidence and circumstances will compel the Manhattan DA to drop any charges against her,” according to a statement obtained by the Associated Press.

Video shows Ms Keith attempting to use a crosswalk before Chief of Patrol John Chell, one of the highest-ranking members of the NYPD, appears to push her back and shout “lock her up” as he moves her towards other officers to be placed under arrest.

She was handcuffed and detained in a police van before her release with a summons.

During a press conference on Monday night, Mr Chell claimed that she “interfered” with NYPD’s arrests. Ms Keith said in a post on her Instagram account that she was standing with other photojournalists far from where the arrests were taking place.

White House calls for ‘thorough investigation’ into Jordan Neely’s death

Wednesday 10 May 2023 10:00 , Alex Woodward

The death of Jordan Neely demands a thorough investigation, according to a statement from President Joe Biden’s administration, speaking publicly for the first time on the killing of the 30-year-old homeless New Yorker who was placed in a fatal chokehold on a Manhattan subway train last week.

In widely shared video footage, a man identified as 24-year-old Daniel Penny is seen restraining Neely on the floor of an F train while his arm is wrapped around Neely’s neck for several minutes.

“Jordan Neely’s killing was tragic and deeply disturbing,” White House spokesperson Robyn Patterson said in a statement shared with The Independent on 9 May.

White House calls for ‘thorough investigation’ into Jordan Neely’s death

Jordan Neely family attorneys respond to statement from Daniel Penny’s legal team

Wednesday 10 May 2023 11:00 , Alex Woodward

In a statement shared with The Independent on 5 May, attorneys for Daniel Penny said Jordan Neely “had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness” and “began aggressively threatening” Mr Penny and others on the train.

Attorneys for Neely’s family criticised the statement, which they said was neither “an apology nor an expression of regret.”

“It is a character assassination and a clear example of why he believed he was entitled to take Jordan’s life,” reads the statement on 8 May from attorneys Donte Mills and Lennon Edwards.

Jordan Neely family attorneys condemn statement from Daniel Penny’s legal team

Manhattan prosecutor leading investigation led case against Trump Organization

Wednesday 10 May 2023 12:00 , Alex Woodward

A spokesperson for the Manhattan district attorney’s office told The Independent last week that “senior, experienced prosecutors” are investigating Neely’s death.

“This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life,” press secretary Douglas Cohen said. “As part of our rigorous ongoing investigation, we will review the [medical examiner’s] report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records.”

The investigation is being led by veteran homicide prosecutor Joshua Steinglass, who led the successful prosecution of the Trump Organization on charges that included 17 tax crimes, including conspiracy and falsifying business records.

Mr Steinglass, a 25-year veteran of the office, has also been at the centre of other high-profile and sensitive cases. He secured convictions against two members of the neo-fascist gang the Proud Boys in 2019 and an undercover police officer involved with an assault in 2015.

ICYMI: AOC discusses Jordan Neely’s death and urgency to respond to homelessness crisis

Wednesday 10 May 2023 13:00 , Alex Woodward

In an interview with New York magazine’s The Cut, New York congresswoman Alexandria Ocasio-Cortez excoriates city and state officials who have refused to condemn the killing of Jordan Neely in precise terms, after Mayor Eric Adams rebuked the congresswoman for her own statements addressing his death.

“I would like everyone to pretend that was their son,” she told the magazine. “I would like anyone to look at that video, see their son, and see if they would say the same thing.”

In the interview, she addresses the failure of public policies to support people experiencing homelessness and their mental health, compounded by rapidly growing costs of living in a city with some of the highest housing costs globally.

“I think in order to stand up for Jordan Neely, we’d have to admit that public decisions made by leaders have been failing,” she said. “Jordan Neely was killed by public policy. He was killed by the demonizing of the poor by many of our leaders. He was killed by the same reluctance for people to see him as human that leaders are exhibiting right now, even in his death.”

She also repeatedly stressed that there is nothing that can justify killing a person, “especially if they are unarmed and not a physical threat to anyone.”

“There’s a hypocrisy to the way many officials talk about public safety. All of these responses are acting as though Neely was the aggressor here, when he was the one who was murdered,” she added. “There’s all this talk about making our public spaces safer, and a person literally killed another human being on the subway. When you create a situation where harming a certain class of people may be excused, then we incentivize this kind of behavior. Anybody can point to anybody else and say, ‘Oh, well, I was scared of them.’”

Foster care reform advocate and friend of Neely: ‘Jordan wanted a home’

Wednesday 10 May 2023 14:00 , Alex Woodward

A community activist who says he grew up with Jordan Neely in foster care said the 30-year-old homeless New Yorker was failed by the same foster system that failed him.

Now an organiser and advocate for foster care reform, Larry Smith moved through 23 different foster homes and endured physical, psychological, sexual and emotional abuse, according to his website.

He told New York’s Pix11 that they met after they were placed in a foster facility in the Marcy Houses in Brooklyn and were moved from home to home over four years.

“Four years of betrayal, rejection. Four years of nervousness. Four years of abandonment. Four years of pain,” Mr Smith told Pix11.

They both aged out of care and into homelessness, he said.

“Jordan could have been housed but nobody cares,” Mr Smith told Gothamist.

“Jordan never wanted money,” he told Pix11. “Jordan wanted food. Jordan wanted resources. Jordan wanted a home.”

Homeless advocacy group to hold vigil outside City Hall for Jordan Neely and deaths of unhoused New Yorkers

Wednesday 10 May 2023 15:36 , Alex Woodward

In February, 74,762 people were sleeping in the city’s shelter system. That figure does not include the thousands of New Yorkers on the city’s streets and subways

Of the 640 deaths among homeless New Yorkers in 2021, 151 were unsheltered.

In the deadliest year on record for New York’s homeless population, 815 people died while homeless in 2022.

VOCAL-NY, an organisation that advocates for unhoused New Yorkers, will hold a vigil outside City Hall on Thursday afternoon to recognise those deaths and the death of Jordan Neely, who was fatally choked on a Manhattan F train on 1 May.

“Instead of providing New Yorkers with basic stability, [Mayor Eric Adams and Governor Kathy Hochul] have defunded our social systems, driven up our rents... all while manufacturing a crime panic that scapegoats the most marginalized,” the group said in a statement.

Jordan Neely’s uncle slams Eric Adams

Wednesday 10 May 2023 15:44 , Alex Woodward

The uncle of the man who was fatally choked on a Manhattan subway car on 1 May said he does not have anything to say to Mayor Eric Adams, who said on Monday night that has tried reaching out to the family.

“I don’t have anything to say to Mayor Adams — I don’t know any mayor who parties and bull**** like Adams,” Chrostopher Neely told The New York Post. “Nobody Black that’s in the neighborhood really believes in him. It’s more him partying at night and coming home at 4 or 5am.”

As 11 people were arrested at a vigil and protest demanding action after Neely’s death, the mayor told a reporter for The City during an unrelated event that he has “reached out” to Neely’s family “several times to give them my condolences.”

Christopher Neely said neither he nor Jordan’s father or grandparents have spoken to the mayor.

A statement on Monday morning from attorneys representing the Neely family urged the mayor to call them.

“The family wants you to know that Jordan matters,” the statement adds. “You seem to think others are more important than him.”

Eric Adams to address Jordan Neely’s death

Wednesday 10 May 2023 16:18 , Alex Woodward

Mayor Eric Adams will deliver an address on the death of Jordan Neely at 11.30am ET.

Eric Adams: ‘Jordan Neely did not deserve to die'

Wednesday 10 May 2023 16:40 , Alex Woodward

Mayor Eric Adams introduced his remarks on the death of Jordan Neely noting a “week of strong emotions” among New Yorkers in the aftermath of his death.

He noted that while law enforcement continues to investigate the fatal chokehold that led to his death, the mayor said that “Jordan Neely did not deserve to die.”

“A New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were crying for help,” he said. “

Neely’s death has “devastated his family and shocked his fellow New Yorkers”, adding that “one thing we can control is how our city responds to that tragedy.”

His remarks have called for support around mental health services while outlining the administration’s other efforts.

Eric Adams: ‘There are more Jordans out there'

Wednesday 10 May 2023 16:53 , Alex Woodward

Mayor Eric Adams continued his remarks laying out his administration’s vision for mental health treatment, including a controversial agenda that allows authorities to involuntary admit people who are considered too mentally ill to be able to care for themselves into mental health treatment.

“There are more Jordans out there,” Mr Adams said. “People who are loved, people who are in need of treatment and compassion.”

“Jordan Neely’s life mattered,” he continued. “He was suffering from severe mental illness. But that was not the cause of his death. His death was a tragedy that should never have happened.”

Mr Adams notably did not discuss the way in which Neely died, after another subway passenger placed him in a fatal chokehold. The city’s medical examiner determined the cause of death was a homicide. No charges have been filed.

“My heart goes out to Jordan’s family who is suffering great pain from the uncertainty of the circumstances of his death,” Mr Adams said. “Too many Black and brow families beat the brunt of a system long overdue for reform. Our work starts with acknowledging that we must reverse the effects of decades of disinvestment in housing, healthcare and social services.”

Full story: Eric Adams addresses death of homeless New Yorker after fatal chokehold

Wednesday 10 May 2023 18:01 , Alex Woodward

In his first official remarks on the death of Jordan Neely more than one week after he was fatally choked on a New York City subway train car, Mayor Eric Adams did not mention how the homeless New Yorker died or discuss the events surrounding his death.

He stressed, however, that “Jordan Neely did not deserve to die.”

“One of our own is dead – a Black man, Black like me. A man named Jordan, the name I gave my son,” the mayor said in remarks on 10 May. “A New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were crying for help.”

‘Jordan Neely did not deserve to die’: Eric Adams addresses fatal subway chokehold

Neely family asks Al Sharpton to deliver eulogy at Harlem funeral service

Wednesday 10 May 2023 18:40 , Alex Woodward

The family of Jordan Neely has requested Rev Al Sharpton to deliver a eulogy at a funeral service on 19 May at Harlem’s Mount Neboh Baptist Church. The church has asked for privacy on behalf of the family.

“This is an unfathomable and unimaginable tragedy,” Rev Dr Johnnie Green, the church’s senior pastor, told New York’s Pix11.

“This is not my usual terrain, and as we come together in the spirit of healing, action, and perseverance. I can think of no one better, no one more equipped to meet this moment with that grace and guidance than Rev. Sharpton,” he added.

Alvin Bragg explains why DA’s office has not publicly commented on the case

Wednesday 10 May 2023 19:00 , Alex Woodward

Manhattan District Attorney Alvin Bragg addressed his office’s investigation into Jordan Neely’s death in his first public remarks on the incident on Tuesday.

Typically, district attorneys do not publicly comment on pending cases to avoid disrupting or tainting investigations.

“Sometimes people peer into the silence and look at that as if the office isn’t doing anything or it’s not important,” Mr Bragg said. “It’s quite the contrary. It’s because it’s our solemn obligation to assess the facts, apply the facts to the law and it’s how gravely and seriously we take that that we don’t speak.”

Wednesday 10 May 2023 19:03 , Alex Woodward

We’re closing live coverage of the aftermath of Jordan Neely’s death but The Independent will be closely following the case with the Manhattan district attorney’s office and responses from officials and advocacy groups.

Thank you for reading.

Daniel Penny expected to be charged in Jordan Neely subway chokehold death

Thursday 11 May 2023 22:17 , Josh Marcus

The man who was filmed with his arm wrapped around the neck of Jordan Neely on a Manhattan subway traincar is reportedly expected to face criminal charges for his death and surrender to authorities as early as 12 May.

It is unclear what the charges against Daniel Penny, a 24-year-old former US Marine, will entail. The charges likely will not be publicly detailed until a court appearance; Mr Penny could be charged with manslaughter, according to The New York Times.

On 1 May, a man identified as Mr Penny wrapped his arm around the neck of the 30-year-old homeless former street performer for several minutes. The city’s medical examiner determined Neely’s cause of death was homicide.

Potential charges were first reported by ABC News and NBC News citing law enforcement sources. A spokesperson for the New York City Police Department told The Independent the matter continues to be under investigation. Mr Penny’s attorneys and a spokesperson for the district attorney’s office did not immediately return a request for comment.

Alex Woodward is following the details for The Independent.

Daniel Penny expected to be charged in Jordan Neely subway chokehold death

Manhattan DA announces charges against Daniel Penny

Thursday 11 May 2023 22:25 , Josh Marcus

Daniel Penny, the former Marine filmed choking Jordan Neely on a New York subway car earlier this month, will be charged with second-degree manslaughter, a spokesperson for the Manhattan District Attorney’s office told The Independent.

“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” the DA’s office said 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.”

Fox News host claims Daniel Penny charges are ‘anti-hero'

Thursday 11 May 2023 22:59 , Josh Marcus

Fox News anchor Greg Gutfeld condemned the expected charges against Daniel Penny, the New York man filmed fatally choking a homeless person on a Manhattan subway earlier this month.

“This is political. It’s pro-criminal. It’s anti-hero. It’s going to be the case of the summer,” Mr Gutfeld said.

“This is going to be a very important point for this city, this state, this country. It’s time for us to get this progressive pro-crime ideology to walk the plank.”

ICYMI: Who is Jordan Neely?

Thursday 11 May 2023 23:20 , Josh Marcus

Jordan Neely, a 30-year-old homeless man, was killed in a New York City subway train on the afternoon of Monday 1 May 2023 after he apparently suffered a mental health episode and a fellow passenger wrestled him to the floor with the help of two others, holding him in a chokehold.

The shocking incident was captured on phone video at the scene, sparking debate among New Yorkers about the rights and wrongs of the vigilante’s actions and the extent to which Neely’s behaviour could have been interpreted as a threat to the safety of his fellow passengers.

Joe Sommerlad has this look at who Neely was.

Jordan Neely, the man killed in a NYC subway chokehold

How a brutal cultural narrative blamed Jordan Neely for his own death

Thursday 11 May 2023 23:40 , Josh Marcus

Jordan Neely’s death was recorded by another passenger and preserved in a widely shared video. The 24-year-old former US Marine who placed Neely in a chokehold was identified by his attorneys on 5 May as Daniel Penny. He was released from police custody after the incident without any charge.

His cause of death was a homicide. The 30-year-old Black man – known for his precise Michael Jackson impersonations on subway platforms while experiencing homelessness in New York City – died from the compression against his neck, according to the city’s medical examiner.

New Yorkers are no strangers to unstable or disruptive people who ride the city’s 6,500 subway cars; subway riders typically keep to themselves and ignore them.

But Neely’s death has revived volatile media narratives about New York’s homeless population, spinning an act of vigilantism to blame the person killed by it. The mayor and governor have not explicitly condemned the act of lethal violence, raising questions among New York leaders whether the city considers the life of a homeless Black man less valuable than a white stranger prepared to use deadly force.

Read more from Alex Woodward’s in-depth look at the case.

Jordan Neely’s death underscores a brutal New York narrative

What has Eric Adams said about Jordan Neely’s death?

Friday 12 May 2023 00:00 , Josh Marcus

The New York City mayor was initially criticised for appearing to equivocate on whether Jordan Neely deserved to die.

He later walked back those comments.

Here’s what Eric Adams had to say.

An enduring question about Jordan Neely’s death: Who else was involved

Friday 12 May 2023 00:45 , Josh Marcus

Daniel Penny may be facing charges in the Jordan Neely killing, but he reportedly wasn’t the only person involved in hte 1 May incident.

As The Washington Post notes, two other passengers board a Manhattan subway train helped the former Marine hold down Neely, 30, who was homeless.

Officials have not announced any charges, or even publicly named, the other individuals that allegedly assisted Penny, who is being charged with manslaughter.

As Neely death highlights homelessness in NYC, Eric Adams cuts protections

Friday 12 May 2023 01:10 , Josh Marcus

New York City Mayor Eric Adams is weakening a decades-old right-to-shelter mandate to prepare for thousands of newly arrived people in the US after the expiration of a Trump-era policy that blocked hundreds of thousands of migrants from entering the country.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expires at midnight on 11 May.

“No one thought about a humanitarian crisis when they took this court case to a right to shelter,” the mayor said in remarks on Thursday, referencing the 1981 consent decree that guides the statewide mandate. “We could potentially get thousands of people a day in our city. It’s wrong for those who are coming here … and it’s wrong for New Yorkers who are here.”

Alex Woodward reports.

Eric Adams weakens shelter mandate as New York City brace for Title 42’s expiration

How many homeless people are there in New York City?

Friday 12 May 2023 01:30 , Josh Marcus

The killing of Jordan Neely has brought attention to the plight of homeless people in New York City.

Jordan Neely’s death underscores a brutal New York narrative

At the beginning of this year, the city announced that 70,525 homeless people slept in a New York City shelter on a given night in January, a record high.

New York has the second-highest total number of homeless people in the country, though other cities have higher per capita homelessness figures, according to US News and World Report.

Neely family says Eric Adams isn’t welcome at funeral

Friday 12 May 2023 01:50 , Josh Marcus

Jordan Neely’s uncle says New York City mayor Eric Adams isn’t welcome at Jordan Neely’s funeral.

Christopher Neely told the New York Post he doesn’t know “any mayor who parties and bulls***s like Adams.”

The family member also said Mayor Adams has falsely claimed to have reached out and offered his condolences to the family.

“Nobody Black that’s in the neighborhood really believes in him,” Mr Neely added. “It’s more him partying at night and coming home at 4 or 5 am.”

Who is Daniel Penny, the New York man who will be charged in Jordan Neely’s death?

Friday 12 May 2023 02:50 , Josh Marcus

A former US Marine who choked Jordan Neely to death on a New York City subway car has been identified as 24-year-old Daniel James Penny.

Neely’s death was ruled by the New York medical examiner’s office as a homicide due to compression against his neck. Video footage and eyewitness accounts show a man believed to be Mr Penny with his arm wrapped around Neely for several minutes until his eyes shut and body goes limp.

New York City Police Department officers attempted CPR upon arrival on the F train at the Broadway-Lafayette platform in Manhattan on 1 May, according to an incident report reviewed by The Independent. Neely was pronounced dead at Lenox Health Greenwich Village hospital.

In a statement shared with The Independent at 7.30pm on 5 May, attorneys for Mr Penny said that when Neely “began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived.”

Here’s everything we know about Daniel Penny.

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

Our in-depth investigation into Jordan Neely’s unnecessary death

Friday 12 May 2023 04:20 , Josh Marcus

Neely’s death has revived volatile media narratives about New York’s homeless population, spinning an act of vigilantism to blame the person killed by it. The mayor and governor were slow to condemn the act of lethal violence, raising questions among New York leaders whether the city considers the life of a homeless Black man less valuable than a white stranger prepared to use deadly force.

Advocates and lawmakers told The Independent that the deliberate and explicit rhetoric surrounding people experiencing homelessness, compounded by prolonged failures of policies meant to help them, have exposed thousands of New Yorkers and vulnerable people across the country to the kind of vigilante violence that killed Neely.

Alex Woodward reports.

Jordan Neely’s death underscores a brutal New York narrative

Everything we know about Jordan Neely

Friday 12 May 2023 05:20 , Josh Marcus

Jordan Neely, a 30-year-old homeless man, was killed in a New York City subway train on the afternoon of Monday 1 May 2023 after he apparently suffered a mental health episode, leading a fellow passenger to wrestle him to the floor with the help of two others, holding him in a chokehold.

The shocking incident was captured on phone video at the scene, sparking debate among New Yorkers about the rights and wrongs of the vigilante’s actions and the extent to which Neely’s behaviour could have been interpreted as a threat to the safety of his fellow passengers.

Eyewitness Juan Alberto Vazquez, a freelance journalist, told The New York Post precisely what happened after Neely boarded the northbound F train at Second Avenue station.

Here’s what we know about Neely, courtesy of Joe Sommerlad.

Jordan Neely, the man killed in a NYC subway chokehold

ICYMI: Daniel Penny to be charged with manslaughter in Jordan Neely subway chokehold death

Friday 12 May 2023 06:20 , Sravasti Dasgupta

The man who was filmed with his arm wrapped around the neck of Jordan Neely on a New York City subway traincar will be criminally charged for his death and surrender to authorities as early as 12 May.

Daniel Penny, a 24-year-old former US Marine, will be charged with manslaughter in the second degree, according to the Manhattan District Attorney’s office.

Prosecutors expect his arraignment in Manhattan Criminal Court on Friday, according to a statement shared with The Independent.

Alex Woodward reports:

Daniel Penny to be charged with manslaughter in Jordan Neely subway chokehold death

Family describes Jordan Neely’s tragic upbringing

Friday 12 May 2023 06:50 , Josh Marcus

Jordan Neely suffered from “demons” after his mother was murdered in 2007, a lawyer for his family says.

Neely, 30, died on Monday after he was placed in a chokehold on a New York City subway train by ex-Marine Daniel Penny.

Neely was just 14 when his mother Christine Neely was strangled, stuffed in a suitcase and left on the Henry Hudson Parkway in New York by her former partner.

Family members say Jordan Neely fell into a deep depression and never fully recovered from the tragedy, and was homeless at the time of his death.

Bevan Hurley reports.

Jordan Neely struggled after his mother’s murder, family attorney says

Daniel Penny: Everything we know about ex-Marine filmed choking Jordan Neely

Friday 12 May 2023 09:00 , Sravasti Dasgupta

A former US Marine who choked Jordan Neely to death on a New York City subway car has been identified as 24-year-old Daniel James Penny.

Mr Penny will be charged with second-degree manslaughter, the Manhattan District Attorney’s office said on Thursday.

Here’s everything we know about the former Marine:

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

Jordan Neely family attorneys call statement from Daniel Penny’s legal team ‘character assassination’

Friday 12 May 2023 10:00 , Sravasti Dasgupta

Attorneys for the family of Jordan Neely have criticised a statement from the legal team representing Daniel Perry, the 24-year-old former US Marine who placed the 30-year-old homeless street performer in a fatal chokehold on a Manhattan subway car one week ago.

In a statement shared with The Independent on 5 May, attorneys for Mr Penny said Neely “had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness” and “began aggressively threatening” Mr Penny and others on the train.

On 8 May, a statement from attorneys Donte Mills and Lennon Edwards said: “Daniel Penny’s press release is not an apology nor an expression of regret. It is a character assassination and a clear example of why he believed he was entitled to take Jordan’s life.”

Read more:

Jordan Neely family attorneys condemn statement from Daniel Penny’s legal team

Voices: New York was not a ‘safe city’ for Jordan Neely

Friday 12 May 2023 10:32 , Josh Marcus

“We are making our city safer every day,” New York mayor Eric Adams boasted at the end of 2022. Adams has made law-and-order policing a central talking point of his administration, and he has continually claimed that he’s turning New York into a safer city.

After the killing of Jordan Neely, though, it’s clear that we need to ask “a safer city for who?”

Witnesses said he did not physically assault or harm anyone. But a white 24-year-old ex-Marine decided Neely needed to be subdued. He put him in a neckhold and, as bystanders watched, he choked Neely to death.

New York was not safe for Jordan Neely. Democratic State Senator Julia Salazar compared his horrific killing to a lynching – the public extermination of a Black, marginalized person in the name of restoring public order.

Though Neely was not killed by the police, his death painfully shows how mainstream rhetoric of policing, order, and safety all frame marginalized people as innately unsafe.

Noah Berlatsky looks into the city politics behind Jordan Neely’s death.

New York was not safe for Jordan Neely | Voices

Jordan Neely struggled after his mother’s murder, family attorney says

Friday 12 May 2023 11:30 , Sravasti Dasgupta

Jordan Neely suffered from “demons” after his mother was murdered in 2007, a lawyer for his family says.

Neely, 30, died on Monday after he was placed in a chokehold on a New York City subway train by ex-Marine Daniel Penny.

Mr Penny will be charged with second-degree manslaughter, the Manhattan District Attorney’s office said on Thursday.

Neely was just 14 when his mother Christine Neely was strangled, stuffed in a suitcase and left on the Henry Hudson Parkway in New York by her former partner.

Family members say Jordan Neely fell into a deep depression and never fully recovered from the tragedy, and was homeless at the time of his death.

Read more:

Jordan Neely struggled after his mother’s murder, family attorney says

Fox pundit says decision to charge Daniel Penny is ‘pro-criminal’ and ‘anti-hero'

Friday 12 May 2023 12:00 , Joe Sommerlad

Greg Gutfeld is at it again with another unwelcome hot take on this month’s subway tragedy.

ICYMI: ‘Jordan Neely did not deserve to die’: Eric Adams addresses death of homeless New Yorker after fatal chokehold

Friday 12 May 2023 13:00 , Josh Marcus

In his first official remarks on the death of Jordan Neely more than one week after he was fatally choked on a New York City subway train car, Mayor Eric Adams did not mention how the homeless New Yorker died or discuss the events surrounding his death.

He stressed, however, that “Jordan Neely did not deserve to die.”

“One of our own is dead – a Black man, Black like me. A man named Jordan, the name I gave my son,” the mayor said in remarks on 10 May. “A New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were crying for help.”

On 1 May, a man identified as 24-year-old Daniel Penny wrapped his arm around the neck of the homeless former street performer for several minutes. The city’s medical examiner determined the cause of death was homicide. No charges have been filed, and the Manhattan district attorney’s office and police are investigating.

Alex Woodward reports.

‘Jordan Neely did not deserve to die’: Eric Adams addresses fatal subway chokehold

Everything we know about Daniel Penny

Friday 12 May 2023 13:30 , Joe Sommerlad

Alex Woodward has this profile of the 24-year-old former Marine at the centre of the case.

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

Daniel Penny surrenders to New York authorities on manslaughter charge

Friday 12 May 2023 13:35 , Rachel Sharp

The former Marine who held Jordan Neely in a fatal chokehold on a Manhattan subway earlier this month has surrendered to New York authorities to face criminal charges over his death.

Daniel Penny, 24, turned himself into police on Friday morning to be arrested on a second-degree manslaughter charge.

He will then be arraigned in Manhattan Criminal Court.

PICTURED: Daniel Penny turns himself in to NYPD

Friday 12 May 2023 13:49 , Rachel Sharp

Daniel Penny arrived at NYPD’s 5th Precinct just after 8am ET

Friday 12 May 2023 14:00 , Rachel Sharp

Daniel Penny, 24, turned himself in to New York police early on Friday morning to be arrested on a second-degree manslaughter charge.

He was seen arriving at the NYPD’s 5th Precinct in lower Manhattan just after 8am local time, where he did not respond to any questions from waiting journalists.

Following his arrest, he will be arraigned in Manhattan Criminal Court later today. He faces up to 15 years in prison if convicted.

Daniel Penny’s attorneys speak outside NYPD precinct

Friday 12 May 2023 14:15 , Rachel Sharp

Speaking outside the NYPD precinct, Daniel Penny’s attorney Thomas Kenniff said that his client surrendered to authorities “voluntarily” and with “dignity and integrity”.

“Shortly after 8am this morning Daniel Penny surrendered at the 5th Precinct at the request of the New York County DA’s office,” he said.

“He did so voluntarily and with the sort of dignity and integry that is characteristic of his history of service for this grateful nation.

“The case will now go to court. We expect an arraignment will occur this afternoon. The process will unfold from there.”

Daniel Penny has ‘head held up high’, says attorney

Friday 12 May 2023 14:30 , Rachel Sharp

Speaking outside the NYPD precinct, Daniel Penny’s attorney Thomas Kenniff said that the former Marine has “his head held up high” after being charged with manslaughter over Jordan Neely’s death.

When asked how his client was feeling, Mr Kenniff responded: “He’s dealing with the situation as I said with the sort of integrity and honour that is characteristic of who he is and characteristic of his honourable sevrice in the US Marine Corps.

“And he has his head held up high.”

Daniel Penny’s attorneys ‘confident’ he will be ‘absolved of any wrongdoing'

Friday 12 May 2023 14:45 , Alex Woodward

Attorneys for Daniel Penny said in a statement that they are “confident” he will be “fully absolved of any wrongdoing” when all the “facts and circumstances” come to light as they claimed that the former Marine “risked his own life” when he confronted Neely that day.

“When Mr Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety, for the good of his fellow passengers,” said the statement from Raiser and Kenniff, shared with The Independent.

“The unfortunate result was the unintended and unforeseen death of Mr Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr Penny will be fully absolved of any wrongdoing.”

Full story: Daniel Penny surrenders to police ahead of arraignment in criminal court

Friday 12 May 2023 15:00 , Alex Woodward

The former US Marine who held Jordan Neely in a fatal chokehold on a Manhattan subway train earlier this month has surrendered to New York authorities to face criminal charges over his death.

Daniel Penny, 24, turned himself in to New York police early on Friday morning to be arrested on a second-degree manslaughter charge.

He was seen arriving at the NYPD’s 5th Precinct in lower Manhattan just after 8am local time, where he did not respond to any questions from waiting journalists.

Ex-Marine surrenders to New York authorities to face charge over Jordan Neely death

Hours before charges were announced, city officials and advocacy groups held a rally and vigil demanding urgent action

Friday 12 May 2023 15:50 , Alex Woodward

Homeless advocacy groups held a vigil outside City Hall on Thursday evening for Jordan Neely and hundreds of other unhoused New Yorkers who died on the city’s streets and subways within the last year.

More than 70,000 people are sleeping in the city’s shelter system. That figure does not include the thousands of New Yorkers on the city’s streets and subways.

Of the 640 deaths among homeless New Yorkers in 2021, 151 were unsheltered.

In the deadliest year on record for New York’s homeless population, 815 people died while homeless in 2022.

At a separate event, shortly before Manhattan prosecutors announced forthcoming charges against Daniel Penny, city officials pressed authorities to make an arrest. City Council members of the Black, Latino, and Asian Caucus were joined by homeless advocates and civil rights groups.

“You’re not going to put your hands or your arms around our neck anymore. We’re not standing for this,” caucus chair Kevin C Riley said.

Daniel Penny escorted by police in handcuffs after surrender on manslaughter charge

Friday 12 May 2023 16:26 , Alex Woodward

Daniel Penny was escorted by police out of NYPD’s 5th precinct on Friday morning after he surrendered on a charge of manslaughter in the killing of Jordan Neely. He will be arraigned in Manhattan criminal court later today.

Mr Penny, wearing a dark suit with a white shirt and Vans sneakers, will be formally charged during his court appearance more than one week after he placed Neely in a fatal chokehold on a Manhattan F train on 1 May.

Mayor Eric Adams: ‘I have the utmost faith in the judicial process'

Friday 12 May 2023 16:36 , Alex Woodward

New York City Mayor Eric Adams issued the following statement after announcement of charges from the office of Manhattan District Attorney Alvin Bragg against Daniel Penny:

“I appreciate DA Bragg conducting a thorough investigation into the death of Jordan Neely. I have the utmost faith in the judicial process, and now justice can move forward against Daniel Penny.”

In remarks earlier this week, the mayor said “Jordan Neely did not deserve to die.”

“One of our own is dead – a Black man, Black like me. A man named Jordan, the name I gave my son,” the mayor said in remarks on 10 May. “A New Yorker who struggled with tragedy, trauma and mental illness, a man whose last words were crying for help.”

More here:

‘Jordan Neely did not deserve to die’: Eric Adams addresses fatal subway chokehold

Al Sharpton calls for charges against other men who helped pin down Jordan Neely

Friday 12 May 2023 16:45 , Alex Woodward

Responding to charges against Daniel Penny for the death of Jordan Neely, the Rev Al Sharpton said the “justice systems needs to send a clear, loud message that vigilantism has never been acceptable.”

“Being homeless or Black or having a mental health episode should not be a death sentence,” he added.

He said it is “vital” that other men who were filmed alongside Mr Penny should also be “held accountable for their actions.”

Neely’s family has requested Mr Sharpton to deliver a eulogy at a funeral service on 19 May at Harlem’s Mount Neboh Baptist Church. The church has asked for privacy on behalf of the family.

“This is an unfathomable and unimaginable tragedy,” Rev Dr Johnnie Green, the church’s senior pastor, told New York’s Pix11.

“This is not my usual terrain, and as we come together in the spirit of healing, action, and perseverance. I can think of no one better, no one more equipped to meet this moment with that grace and guidance than Rev Sharpton,” he added.

Daniel Penny is formally charged and released pending next court hearing

Friday 12 May 2023 17:30 , Alex Woodward

Daniel Penny has left Manhattan criminal court after a brief arraignment hearing where he was formally charged with second-degree manslaughter.

Mr Penny was remanded on bail, set at $100,000, and will remain out of jail before his next court appearance.

He is due back in court on 17 July.

Neely family attorneys stress that the homeless New Yorker did not physically attack subway passengers

Friday 12 May 2023 18:21 , Alex Woodward

Donte Mills, who is representing Jordan Neely’s family, stressed during a news conference on Friday that “there was no attack” against subway passengers before Daniel Penny placed Neely in a fatal chokehold.

“Mr Neely did not attack anyone. He did not touch anyone. He did not hit anyone. But he was choked to death,” he said.

Mr Mills stood in midtown Manhattan with Andre Zachery, Neely’s father, and Mildred Mahazu, Neely’s aunt, as Mr Penny appeared in criminal court for his arraignment on a charge of second-degree manslaughter.

He claimed that Mr Penny “acted with indifference. He didn’t care about Jordan, he cared about himself. And we can’t let that stand.”

“What did he think would happen?” he added.

New York City Council speaker: ‘This should be an inflection point for our city'

Friday 12 May 2023 18:45 , Alex Woodward

New York City Council speaker Adrienne Adams said in a statement on Friday that “it is critical that there be accountability for the killing of Jordan Neely” following formal charges against Daniel Penny for placing Neely in a fatal chokehold on 1 May.

“He should be alive, and the violence that killed him is never an appropriate response,” she added.

“Disparities in how people are treated by the criminal justice system, especially Black people and other people of color, are a reality that our city and this nation must acknowledge and confront. Systemic racism that robs us of our basic humanity in life and death should no longer be denied, after being on full display for the past 11 days,” Ms Adams stated.

She said the charges against Mr Penny are “an important step towards accountability.”

“This should be an inflection point for our city to focus on ensuring New Yorkers have access to the essential services needed to be healthy and safe, and we make the budget investments and policy changes necessary to achieve this,” she said.

Alvin Bragg: ‘Jordan Neely should still be alive today'

Friday 12 May 2023 19:49 , Alex Woodward

Following Daniel Penny’s arraignment in criminal court this afternoon, Manhattan District Attorney Alvin Bragg explained his office’s decision to produce a charge of second-degree manslaughter.

“After an evaluation of the available facts and evidence, the Manhattan DA’s Office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges,” he said in a statement.

“The investigation thus far has included numerous witness interviews, careful review of photo and video footage, and discussions with the Medical Examiner’s Office,” he added.

Prosecutors moving forward will be “constrained from speaking outside the courtroom to ensure this remains a fair and impartial matter.”

“Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time,” he added.

Second-degree assault convictions could bring a prison sentence of 15 years

Friday 12 May 2023 20:58 , Alex Woodward

The successful conviction on a charge of second-degree manslaughter – also known as reckless homicide – could include a sentence of up to 15 years in prison.

To reach that verdict, prosecutors must prove that Daniel Penny knew that placing Jordan Neely in a chokehold could kill him. Such an argument is in contrast to one around murder charges, in which prosecutors would have to meet a difficult standard of proving that Mr Penny acted with “depraved indifference” toward Neely.

Mr Penny’s attorneys will likely argue that his use of force was justified; they have issued several public statements that Mr Penny sought to defend himself and others, and that Neely’s death was an “unfortunate result” and that Mr Penny “could not have foreseen his untimely death.”

Daniel Penny’s legal defense fundraiser collects nearly $500,000

Friday 12 May 2023 22:20 , Alex Woodward

An online fundraising campaign for Daniel Penny’s legal defense 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, created by the law firm Raiser and Kenniff, which is representing Mr Penny, has seen a flood of donations following his surrender to authorities on Friday.

At 11am, shortly before he entered the courtroom, the fundraiser had collected roughly $382,000.

The fundraiser has since collected more than $100,000 more within hours. The campaign has raised more than $486,000, as of 5pm.

How prosecutors explained what happened on the train during Daniel Penny’s hearing

Friday 12 May 2023 22:38 , Alex Woodward

Assistant District Attorney Joshua Steinglass, who is leading the case, outlined the actions of 1 May to the judge in prosecutors’ application for bail during Daniel Penny’s arraignment.

Here is how prosecutors described the events leading up to and during Jordan Neely’s death:

“The backdrop of this May 1 incident is presumably somewhat known to the Court. Since that date, we have been conducting a thorough investigation of all the circumstances surrounding the events of May 1, including speaking to numerous eyewitnesses, reviewing video, speaking with 911 callers, responding officers, etc. Jordan Neely entered the northbound F train at approximately 2nd Avenue in Manhattan. Several witnesses observed Mr. Neely making threats and scaring passengers the defendant approached Mr. Neely from behind and placed him in a chokehold, taking him down to the ground. When the train arrived at the next stop, Broadway-Lafayette, the defendant continued to hold Mr. Neely in the chokehold for several minutes. During the hold, 2 additional males aided the defendant by restraining Mr. Neely’s arms. At some point Mr. Neely stopped moving. The defendant continued to hold Mr. Neely for a period and then released him. Police were summoned, responded, and found Mr. Neely unresponsive. After resuscitative efforts by the police and EMS, the decedent was transported to hospital and pronounced dead.”

Full story: Daniel Penny charged with manslaughter for the death of Jordan Neely in a case that has shaken New York

Friday 12 May 2023 23:30 , Alex Woodward

Eleven days after Daniel Penny fatally choked Jordan Neely on a New York City subway train car, the former US Marine was formally charged with second-degree manslaughter.

The case surrounding Neely’s death, which was recorded on a cell phone and shared widely, has sparked widespread debate and protests traversing issues of race, criminal justice, urgently needed care for people experiencing homelessness and support for mentally ill New Yorkers.

Lawmakers and advocacy groups have pointed to Neely’s killing and prevailing attitudes endorsing vigilante violence as a tragic consequence of an epidemic of failed policy and institutional neglect towards the city’s most vulnerable populations.

Daniel Penny charged with manslaughter in Jordan Neely’s death

Hundreds of New Yorkers have died while homeless in recent years

01:00 , Alex Woodward

Shortly before charges were announced by Manhattan prosecutors on 11 May, homeless advocacy groups and city officials held separate events – a vigil for the deaths of homeless New Yorkers outside City Hall, a rally demanding justice for Neely’s – underscoring the scale of death among people who sleep on the streets and in subways.

Of the 640 deaths among homeless New Yorkers in 2021, 151 were unsheltered, according to city data. And in the deadliest year on record for New York’s homeless population, 815 people died while homeless in 2022.

More than 70,000 people are sleeping in the city’s shelter system, according to Coalition for the Homeless. That figure does not include the thousands of New Yorkers on the city’s streets and subways.

ICYMI: Al Sharpton calls for charges against other men who helped pin down Jordan Neely

02:00 , Alex Woodward

Responding to charges against Daniel Penny for the death of Jordan Neely, the Rev Al Sharpton said the “justice systems needs to send a clear, loud message that vigilantism has never been acceptable.”

“Being homeless or Black or having a mental health episode should not be a death sentence,” he added.

He said it is “vital” that other men who were filmed alongside Mr Penny should also be “held accountable for their actions.”

Neely’s family has requested Mr Sharpton to deliver a eulogy at a funeral service on 19 May at Harlem’s Mount Neboh Baptist Church. The church has asked for privacy on behalf of the family.

“This is an unfathomable and unimaginable tragedy,” Rev Dr Johnnie Green, the church’s senior pastor, told New York’s Pix11.

“This is not my usual terrain, and as we come together in the spirit of healing, action, and perseverance. I can think of no one better, no one more equipped to meet this moment with that grace and guidance than Rev Sharpton,” he added.

Daniel Penny’s attorneys ‘confident’ he will be ‘absolved of any wrongdoing’

03:00 , Alex Woodward

Attorneys for Daniel Penny said in a statement on Thursday night that they are “confident” he will be “fully absolved of any wrongdoing” following a charge of second-degree manslaughter against him for the killing of Jordan Neely.

“When Mr Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety, for the good of his fellow passengers,” said the statement from attorneys with the firm Raiser and Kenniff, shared with The Independent.

“The unfortunate result was the unintended and unforeseen death of Mr Neely. We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr Penny will be fully absolved of any wrongdoing.”

Daniel Penny surrendered to police and faced a manslaughter charge on Friday

04:00 , Alex Woodward

Daniel Penny was formally charged with second-degree manslaughter, 11 days after he fatally choked Jordan Neely on a Manhattan F train.

Mr Penny, 24, surrendered to the New York City Police Department’s 5th precinct in Manhattan on 12 May before his brief arraignment in handcuffs inside Manhattan Criminal Court later that afternoon.

He did not enter a plea to the charge. A grand jury will convene to determine an indictment. He was released after posting $100,000 bail, and his next appearance is scheduled for 17 July.

Daniel Penny charged with manslaughter in Jordan Neely’s death

Who was Jordan Neely?

07:00 , Alex Woodward

Jordan Neely had grown up to be known as an expert Michael Jackson impersonator, honing his act at Washington Irving High School in Manhattan before performing on the subway and in Times Square, his skills evident in a number of videos widely shared on social media in the wake of his death.

He was also well known to social work teams involved in outreach to New York’s homeless community and was arrested numerous times in recent years.

Jordan Neely, the man killed in a NYC subway chokehold

What Eric Adams said in his address on the death of Jordan Neely

08:00 , Alex Woodward

Two days before Daniel Penny was criminally charged, New York City Mayor Eric Adams delivered his first public remarks on Jordan Neely’s death.

He did not mention how the homeless New Yorker died or discuss the events surrounding his death.

He stressed, however, that “Jordan Neely did not deserve to die.”

‘Jordan Neely did not deserve to die’: Eric Adams addresses fatal subway chokehold

ICYMI: Daniel Penny is charged with manslaughter for Jordan Neely’s death

09:00 , Alex Woodward

Eleven days after Daniel Penny fatally choked Jordan Neely on a New York City subway train car, the former US Marine was formally charged with second-degree manslaughter.

Mr Penny, 24, surrendered to the New York City Police Department’s 5th precinct in Manhattan on 12 May before his brief arraignment in handcuffs inside Manhattan Criminal Court later that afternoon.

He did not enter a plea to the charge. A grand jury will convene to determine an indictment. He was released after posting $100,000 bail, and his next appearance is scheduled for 17 July.

The case surrounding Neely’s death, which was recorded on a cell phone and shared widely, has sparked widespread debate and protests traversing issues of race, criminal justice, urgently needed care for people experiencing homelessness and support for mentally ill New Yorkers.

Lawmakers and advocacy groups have pointed to Neely’s killing and prevailing attitudes endorsing vigilante violence as a tragic consequence of an epidemic of failed policy and institutional neglect towards the city’s most vulnerable populations.

Daniel Penny charged with manslaughter in Jordan Neely’s death

How prosecutors explained what happened on the train during Daniel Penny’s hearing

10:00 , Alex Woodward

Assistant District Attorney Joshua Steinglass, who is leading the case, outlined the actions of 1 May to the judge in prosecutors’ application for bail during Daniel Penny’s arraignment.

Here is how prosecutors described the events leading up to and during Jordan Neely’s death:

“The backdrop of this May 1 incident is presumably somewhat known to the Court. Since that date, we have been conducting a thorough investigation of all the circumstances surrounding the events of May 1, including speaking to numerous eyewitnesses, reviewing video, speaking with 911 callers, responding officers, etc. Jordan Neely entered the northbound F train at approximately 2nd Avenue in Manhattan. Several witnesses observed Mr. Neely making threats and scaring passengers the defendant approached Mr. Neely from behind and placed him in a chokehold, taking him down to the ground. When the train arrived at the next stop, Broadway-Lafayette, the defendant continued to hold Mr. Neely in the chokehold for several minutes. During the hold, 2 additional males aided the defendant by restraining Mr. Neely’s arms. At some point Mr. Neely stopped moving. The defendant continued to hold Mr. Neely for a period and then released him. Police were summoned, responded, and found Mr. Neely unresponsive. After resuscitative efforts by the police and EMS, the decedent was transported to hospital and pronounced dead.”

After underscoring urgent needs for homeless New York, the mayor weakened a right-to-shelter mandate

11:00 , Alex Woodward

A day after public remarks on Jordan Neely’s death and the urgent need for support for homeless New Yorkers, Mayor Eric Adams issued an executive order that loosens a right-to-shelter mandate that has been court-enforced and in place since the early 1980s.

The mayor’s executive order suspends a rule that guarantees shelter for families with children if requested by 10pm, and it suspends a rule that prohibits families from living in group settings. The city and state anticipate hundreds of daily arrivals with the end of Title 42, which expired at midnight on 11 May.

Eric Adams weakens shelter mandate as New York City brace for Title 42’s expiration

Who is Daniel Penny?

12:00 , Alex Woodward

Jordan Neely’s previous criminal record and family history were widely published across tabloids and mainstream news outletsin the days after his death. Less is known about the man who fatally choked him.

According to US Marine Corps records and a LinkedIn profile, Mr Penny joined the Marines in 2017 after graduating from West Islip High School, a hamlet roughly 36 miles outside of Manhattan in Suffolk County.

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

Daniel Penny’s legal defense fundraiser collects nearly $500,000

13:00 , Alex Woodward

An online fundraising campaign for Daniel Penny’s legal defense 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, created by the law firm Raiser and Kenniff, which is representing Mr Penny, has seen a flood of donations following his surrender to authorities on Friday.

At 11am, shortly before he entered the courtroom, the fundraiser had collected roughly $382,000.

The fundraiser has since collected more than $100,000 more within hours. The campaign has raised more than than $486,000, as of 5pm.

Alvin Bragg: ‘Jordan Neely should still be alive today’

14:00 , Alex Woodward

Following Daniel Penny’s arraignment in criminal court on Friday, Manhattan District Attorney Alvin Bragg explained his office’s decision to produce a charge of second-degree manslaughter.

“After an evaluation of the available facts and evidence, the Manhattan DA’s Office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges,” he said in a statement.

“The investigation thus far has included numerous witness interviews, careful review of photo and video footage, and discussions with the Medical Examiner’s Office,” he added.

Prosecutors moving forward will be “constrained from speaking outside the courtroom to ensure this remains a fair and impartial matter.”

“Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time,” he added.