Daniel Penny pleads not guilty to manslaughter charges in subway chokehold case

Daniel Penny departs a courtroom on Wednesday following an arraignment hearing to enter a plea on charges related to his role in the death of Jordan Neely at New York Criminal Court in New York, New York, USA, 28 June 2023. Daniel Penny (C) departs a courtroom following an arraignment hearing to enter a plea on charges related to his role in the death of Jordan Neely.

The 24-year-old Marine veteran accused of fatally choking a homeless man on the subway last month pleaded not guilty Wednesday in New York State Supreme Court to charges of manslaughter in the second degree and criminally negligent homicide after a grand jury voted to indict him earlier this month.

At a brief arraignment, prosecutors unsealed the charges against Daniel Penny, who put Jordan Neely, 30, in a chokehold on an uptown F train. If convicted of the top charge, he could spend a maximum of five to 15 years in prison, according to the Manhattan district attorney’s office.

Penny was previously arraigned in mid-May on one charge of second-degree manslaughter and posted his $100,000 bond almost immediately after his court appearance. Judge Maxwell Wiley did not set a new bail at his second arraignment.

Assistant DA Joshua Steinglass prosecutors and defense attorneys had agreed to an order of protection for discoverable materials, including witness lists, which means records from the case will be sealed from the public.

The Lower Manhattan courtroom was packed with reporters and other observers, including a group from Rev. Al Sharpton’s National Action Network. Neely’s father, Andre Zachery, also watched from the pews, alongside civil attorneys representing his family. A line of cameras filled the hallway outside.

A few minutes before 10 a.m., Penny walked in, nodded at court officers and sat beside his attorney. In a matter of moments, the charges against him were read, he entered his plea and the judge ticked through a few deadlines. Then, after about six minutes, Penny and his attorneys walked back out of the courtroom, and the judge called for a 10-minute break before the next case on his docket.

On May 1, Neely, a Black man, and Penny, who is white, were riding an F train from the Lower East Side to SoHo when Neely started yelling that he was hungry and thirsty and threw his jacket on the ground, according to an independent journalist who was in the train car and recorded part of the incident. The journalist, Juan Alberto Vazquez, said Penny wrapped his arms around Neely’s neck. A video that Vazquez posted on Facebook shows Neely in a chokehold, flailing on the ground until his body goes limp.

Police interviewed Penny that night but did not immediately arrest him, according to prosecutors and Penny’s lawyer. The Manhattan DA’s office criminally charged him a week-and-a-half later. Two other men who can be seen in the video helping to restrain Neely have not been publicly identified or criminally charged.

Neely was a Michael Jackson impersonator who family and friends said had struggled with mental illness since his mother was strangled to death when he was 14. Outreach workers told Gothamist he had been staying in public spaces and shelters before he died.

Protesters gathered on subway platforms and city streets in the days after Neely’s death, calling for criminal charges for the man who killed him. More than a dozen people were arrested after they jumped on the subway tracks. The Manhattan DA’s office has dropped all misdemeanor charges against the protesters, while three people still face felony charges.

At Neely’s funeral, Rev. Al Sharpton criticized law enforcement for letting Penny go home after they interviewed him.

“We can't live in a city where you can choke me to death with no provocation, no weapon, no threat. And you go home and sleep in your bed while my family got to put me in a cemetery,” he said. “There must be equal justice under the law.”

But Penny has defended his actions.

In a video released by his attorneys, Penny said he “couldn’t just sit still.” He said Neely was threatening passengers and saying that he was prepared to die or go to jail for life. Penny said he was trying to restrain Neely so Neely couldn’t carry out those threats — not kill him.

“I knew I had to act, and I acted in a way that would protect the other passengers, protect myself and protect Mr. Neely,” Penny said.

Conservatives have rallied around Penny, including prominent figures like Republican presidential candidate Vivek Ramaswamy and musician Kid Rock. An online fundraiser organized by his attorneys has raised about $3 million.

Attorneys representing Neely’s family said the millions of dollars that have poured into Penny’s legal defense fund would not prevent “justice.”

“He took a life,” attorney Donte Mills said outside the courthouse. “And for everyone who thought donating $3 million would somehow make this go away or buy his pass: It’s not going to happen. It didn’t work.”

He also said Penny “did not have the courage” to look Neely’s father in the eyes during the proceedings.

Defense attorneys said at a press conference after the hearing that they felt confident a Manhattan jury would be favorable to their client.

“Manhattan juries tend to take the subways, and they understand what it’s like to be on a subway, what it’s like to be confined underground, what it’s like to not be able to leave when faced with a threat,” attorney Steven Raiser told reporters. “So, it is a very positive thing that we’re able to go to the people here in Manhattan and ask them to render a verdict in this case.”

Penny remains free on bail. He is expected back in court on Oct. 25, according to the DA’s office.

Due to incorrect information provided by the Manhattan District Attorney's Office, this story has been updated to reflect the maximum prison sentence Daniel Penny faces: 5 to 15 years on the top charge against him. The story has also been updated to correct the attribution for a comment made by Penny's lawyer, Steven Raiser .