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NY Post
New York Post
12 May 2023


NextImg:Lawyers for Jordan Neely’s family say Daniel Penny deserves murder charges, not just manslaughter

Attorneys representing the family of fatal chokehold victim Jordan Neely blasted Manhattan prosecutors for charging ex-Marine Daniel Penny with manslaughter, arguing that his actions were intentional and called for a murder charge.

Donte Mills and Lennon Edwards held a press conference in front of 225 West 34th St. in Midtown Manhattan just hours after Penny surrendered to the police.

The lawyers were accompanied by Neely’s father, Andre Zachary, and his aunt Mildred Mahazu, who did not speak during the event.

Both Mills and Edwards welcomed Penny’s arrest but stressed that it was not enough.

“We knew that justice would not be swift. We realized that justice was going to be a journey,” said Edwards. “Today we are not going to stop until we have full justice. We are going to pause to recognize that we have taken the first step, a step in the right direction.”

Penny, 24, was booked on a charge of second-degree manslaughter late Friday morning, 11 days after he placed Neely in a chokehold during a scuffle on an F train, resulting in his death.

Edwards said in his conversations with Manhattan District Attorney Alvin Bragg he pushed for a second-degree murder charge punishable by up to a life in prison for Penny, arguing that the decorated Marine veteran intentionally cut off Neely’s air supply for 15 minutes.

“Justice looks like a conviction, and justice looks like a conviction for murder,” he said.

Penny turned himself in after Manhattan DA’s office announced that it would pursue criminal charges against him in connection with Neely’s death.

Penny’ attorney, Thomas Kenniff, told reporters outside the 5th Precinct in Lower Manhattan that his client surrendered voluntarily and with “dignity and integrity that is character tic of his history of service.”

Rev. Al Sharpton, who was asked by Neely’s family to deliver the eulogy at the victim’s funeral next week, welcomed the news of Penny’s arrest.

“Charges against this young man who thought he was above the law is just step one in justice for Jordan Neely,” the veteran civil rights leader said in a statement. “The video of him grabbing Jordan and strangling him to death is disturbing and any jury should see it as such.”

“The justice system needs to send a clear, loud message that vigilantism has never been acceptable,” Sharpton added. “Being homeless or Black or having a mental health episode should not be a death sentence.”

Daniel Penny, 24, surrendered to police Friday and was arrested on a charged of second-degree manslaughter.
REUTERS

Jordan Neely

Police said Penny applied a chokehold to Jordan Neely on May 1, resulting in his death.
Provided by Carolyn Neely

Neely, 30, a homeless former street performer with a long history of mental illness, was riding a northbound F train on the afternoon of May 1 when he started acting erratically and harassing other passengers, according to police and witnesses.

Harrowing video showed Penny, a former Marine from Queens, stepping in to restrain Neely, and ultimately applying a chokehold to him.

The 30-year-old man lost consciousness and later died at the hospital.

Video showed the ex-Marine choking the homeless man on board an F train until he lost consciousness.

Video showed the ex-Marine choking the homeless man on board an F train until he lost consciousness.
Juan Vazquez

Daniel Penny arrives to surrender at the 5th Precinct on Friday

Penny voluntarily turned himself in at the 5th Precinct in Lower Manhattan after DA Alvin Bragg signaled his intention to pursue charges.
AP

The medical examiner ruled Neely’s death a homicide caused by neck compression.  

Penny was initially released from custody after being interviewed by detectives.

His legal team argued that the former serviceman intervened to protect himself and others, and that he never meant to harm Neely.

If convicted of manslaughter, the 24-year-old could be looking at up to 15 years in prison.

Neely's death sparked protests in New York City and calls to hold Penny accountable.

Neely’s death sparked protests in New York City and calls to hold Penny accountable.
Daniel William McKnight

Neely struggled with mental health issues and had racked up more than 40 arrests over the years, according to sources.