The city’s police watchdog is investigating the NYPD over its call not to arrest Daniel Penny in the chokehold death of Jordan Neely on the subway last week, The Post has learned.
A spokeswoman for Civilian Complaint Review Board confirmed Thursday that a complaint had been filed with the agency and a formal probe was underway to see if there was any wrongdoing in the decision not to charge Penny, 24, after he was questioned by cops following Neely’s death on May 1.
Penny’s release in the aftermath of the encounter has been met with backlash, with protesters and lawmakers calling for his arrest.
The 30-year-old homeless man’s death was ruled a homicide and the Manhattan District Attorney’s Office said it was investigating whether to pursue charges.
Law enforcement sources said Thursday that Penny was expected to surrender to cops Friday morning on a criminal complaint charging him with second-degree manslaughter.
Penny’s attorneys have said he didn’t intend to kill Neely when he put him in a chokehold as the troubled man was going on a threatening rant aboard the train.
The lawyers didn’t return requests for comment Thursday.
Police officials initially said cops had taken Penny into custody following the incident on a northbound F train in lower Manhattan, but by the next morning, it became public that they had let him go without charges.
Within a day, a video surfaced capturing the former Marine putting the homeless man in the fatal headlock and the city Medical Examiner’s Office had ruled Neely’s death a homicide due to compression of the neck.
The CCRB would appear to have oversight into how the decision was made if there was evidence of misconduct by the officers or supervisors involved — similar to how the agency substantiated a complaint against Chief of Department Jeff Maddrey for allegedly voiding the arrest of an ex-cop who was accused of flashing a gun a trio of kids recently.
When: May 1, 2023
Who: Jordan Neely, 30, a homeless man was fatally strangled aboard a northbound F train just before
2:30 p.m., 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.
Fallout: 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 where 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.
No evidence has emerged of misconduct by anyone in NYPD in the chokehold case.
A spokesperson for the department did not immediately respond Thursday.
Chief of Detectives James Essig told reporters on Wednesday that the department was “actively” working with the Manhattan District Attorney’s Office on the case.
He did not answer any specifics about how many witnesses or who was interviewed, citing the ongoing investigation.
“We have to methodically go through all my evidence with them [Manhattan DA], interview all witnesses, that was a pretty crowded train,” Essig said.
“So again, anybody who has any information, please come forward with it,” the chief urged.