‘Justice can move forward’ — City leaders weigh in on subway chokehold indictment

The indictment of Daniel Penny in the subway chokehold killing of Jordan Neely opens a new chapter in a case that has divided the city and raised questions about balancing public safety and helping those struggling with mental illness.

Penny, the 24-year-old Marine veteran charged with the chokehold killing of Jordan Neely last month, was indicted by a grand jury on Wednesday, though the Manhattan district attorney’s office did not specify the charges.

The DA’s office initially charged Penny with second-degree manslaughter last month.

Steven Raiser, Daniel Penny’s lawyer, said his team will "aggressively defend” him, in a statement responding to the news, first reported The Daily News Wednesday evening.

“While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing,” Raiser said. “We’re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny’s actions on that train were fully justified.”

Mayor Eric Adams said he has faith in the judicial system.

“I appreciate DA [Alvin] Bragg conducting a thorough investigation into the death of Jordan Neely,” he said. “Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the grand jury has indicted Daniel Penny, a trial and justice can move forward.”

Jumaane Williams, the city's public advocate, echoed the same sentiment: "This indictment is an important step, and shows this case is being treated with the gravity it demands."

Neely, 30, a Black homeless man, died on May 1 after Penny, who is white, put him in a chokehold and kept squeezing his neck even after his body appeared to go limp, according to a video taken by an independent journalist who witnessed the killing. The video went viral after the journalist posted it on Facebook. It showed two other men, who have not been publicly identified, helping to restrain Neely as other subway riders stood by.

The independent journalist, Juan Alberto Vazquez, has said that Neely was yelling that he was hungry and thirsty and didn’t care if he died or went to jail.

In a video released this week, Penny addressed the allegations and said Neely had threatened to kill passengers and claimed he was “prepared to go to jail for life” and “willing to die." He added that the public has several misconceptions about what happened.

“Some people say that I was holding onto Mr. Neely for 15 minutes,” Penny said in the video. “This is not true. I mean, between stops is only a couple minutes and so the whole interaction lasted less than five minutes.”

Penny also said it is “not true” that he was trying to choke Neely to death.

“I was trying to restrain him,” Penny said. “You can see in the video there’s a clear rise and fall of his chest, indicating that he’s breathing.”

Neely’s killing has highlighted deep divides about public safety at a time when many New Yorkers are concerned about subway crime and the treatment of the city’s most vulnerable residents.

The incident sparked protests and calls for more affordable housing and mental health services. More than a dozen people were arrested for jumping on the subway tracks during one demonstration.

Others have defended Penny for stepping in and criticized Manhattan DA Alvin Bragg for pursuing criminal charges against him. An online fundraising campaign organized by his attorneys had garnered more than $2.84 million as of Thursday evening.

A spokesperson for lawyers representing Neely’s family said the indictment is the “right result.”

“The grand jury’s decision tells our city and our nation that ‘no one is above the law’ no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews,” said Michelle Watts, a spokesperson for Neely family attorneys Donte Mills and Lennon Edwards.

Watts said Penny “did not have the right to be the judge, jury and executioner.”

Grand juries operate under a unique set of rules when they weigh criminal charges in New York, said Joel Cohen, a criminal defense lawyer and a former state and federal prosecutor. In contrast to criminal juries, which must unanimously decide if someone is guilty or innocent, grand juries simply need a majority to find “probable cause” that a crime was committed.

“It’s not beyond a reasonable doubt, and it doesn't have to be unanimous,” said Cohen. “As long as a quorum of 16 out of 23 jurors are present, they can vote; if 12 vote to indict, that’s good enough.”

Unlike regular juries, grand juries conduct their work in complete secrecy, so it’s impossible to know exactly what evidence the group has reviewed. But Cohen said the evidence likely included video footage, witness accounts from other train riders, testimony from people who knew Penny and Neely, and testimony from the forensic analyst or medical examiner who looked at Neely’s body. The evidence has to be direct — not just hearsay, Cohen said.

Raiser would not say whether Penny ended up testifying before the grand jury. He did say Penny gave a recorded statement to police soon after Neely died, and that the DA’s office may have shown that to the grand jury.

The Manhattan district attorney’s office said Penny will be rearraigned on June 28.

This story has been updated to reflect that the Manhattan DA's office confirmed the indictment.