Ex-Marine Daniel Penny surrendered to authorities Friday morning, 11 days after he placed homeless man Jordan Neely in a fatal chokehold on an F train.
Penny, 24, was arrested on a second-degree manslaughter charge after arriving at the 5th Precinct in lower Manhattan just after 8 a.m.
He arrived in a black SUV, wearing a dark suit and black sneakers. He didn’t speak or answer any questions as he walked into the precinct.
Penny turned himself in less than 24 hours after the Manhattan District Attorney’s Office revealed it would pursue charges against Penny.
The manslaughter charge – which carries up to 15 years in prison if convicted – comes as the city has been fraught with tension over the May 1 killing of Neely, a 30-year-old with a long history of mental health issues.
The Manhattan District Attorney’s Office had faced immense pressure to charge Penny as the investigation into the fatal encounter progressed.
Legal experts widely believed District Attorney Alvin Bragg would punt the decision to a grand jury to determine charges in the high-profile case.
The medical examiner ruled the death a homicide from neck compression days after Neely’s death.
The medical examiner’s determination and additional witness accounts were added to the original complaint report, sources said Thursday.
Penny was originally released by police in the aftermath of the fatal chokehold after he was interviewed by authorities.
Penny’s lawyers said Thursday they were confident their client would be absolved of any wrongdoing once all the facts come to light.
They insist Penny stepped in to protect himself and other passengers.
Who is Neely?
Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. on May 1, according to police.
He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as a 24-year-old Marine from Queens.
The Marine, who was seen on video applying the chokehold, was taken into custody and later released but the DA is mulling charges, which could include involuntary manslaughter, according to experts.
Why is there fallout over Neely’s death?
The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).” This will be weighed during the investigation into whether charges will be brought for Neely’s death.
Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic while suffering from PTSD and depression.
“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.
Law enforcement sources said Neely had “numerous” arrests on his record, including for drugs, disorderly conduct, and fare beating.
At the time of his death, Neely had a warrant out for his arrest for a November 2021 case in which he was accused of assaulting a 67-year-old woman in the East Village, the sources said.
Mayor Eric Adams has said it’s important for the DA to complete the investigation into Neely’s death and not rush to conclusions.
His lawyers, Steven Raiser, and Thomas Kenniff, said in a previous statement he never meant to harm Neely.
But Neely’s uncle, Christopher Neely, told The Post Thursday he wanted Penny charged with murder.
The Neely family and their lawyers are expected to hold a press conference at 11 a.m. Friday.
Neely, a former street performer, had a history of mental health struggles and a criminal record, including more than 40 arrests and more than 40 calls for “aided case,” which means someone is sick, injured, or mentally ill, according to sources.
Shocking video showed part of Penny’s chokehold on Neely that happened after the homeless man went on an aggressive rant, according to police and witness accounts.
Neely was left unconscious and later died at the hospital.