Former Marine to turn himself in after NYC subway chokehold death

Jordan Neely is pictured before going to see the Michael Jackson movie, "This is It," outside the Regal Cinemas in Times Square in 2009. He died earlier this month in a chokehold on a New York subway train. (Andrew Savulich/New York Daily News/TNS)

Rocco Parascandola, Molly Crane-Newman and Emma Seiwell
New York Daily News

NEW YORK — Daniel Penny, the Marine veteran whose chokehold killed Jordan Neely on a Manhattan subway train, is to be charged with second-degree manslaughter and will turn himself in to police on Friday, sources told the New York Daily News.

Penny, 24, is expected to turn himself in at the 5th Precinct stationhouse on Elizabeth Street in Chinatown, a police official said. Manhattan DA’s office spokesman Doug Cohen confirmed the arrest charge.

After he turns himself in, Penny is to be arraigned in Manhattan Criminal Court, Cohen said.

Bystander video shows Penny holding Neely, 30, in a chokehold aboard an F train on May 1. He was taken in for questioning later that day, but was released without charges.

The medical examiner ruled Neely’s death a homicide.

Last week Penny issued a statement through his lawyers suggesting he acted in self-defense.

“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived,” said the statement from his lawyers.

“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.”


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