Manhattan DA: Daniel Penny expected to face manslaughter charge in killing of Jordan Neely

The man who choked Jordan Neely, 30, to death on an uptown F train last week is expected to surrender to face criminal charges on Friday, authorities confirmed

The Manhattan district attorney's office said Daniel Penny, 24, will be arraigned Friday morning. The office added that he'll be charged with manslaughter in the second degree.

“We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree," spokesperson Doug Cohen told Gothamist. "We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”

Police questioned Penny after the fatal incident on May 1 before he was released without charges. The city medical examiner's office ruled Neely's death a homicide by chokehold. A spokesperson for the Civilian Complaint Review Board also confirmed to Gothamist on Thursday that an official investigation was underway looking into the decision not to charge Penny after that initial questioning.

In New York state, second-degree manslaughter charges apply when someone is accused of recklessly causing the death of another person. It’s a class C felony.

Attorneys Steven Raiser and Thomas Kenniff, who represent Penny, said in a statement they believed their client would be "fully absolved of any wrongdoing."

"When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured," the statement said. "He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely."

Attorneys representing Neely’s family called a previous similar statement from Penny's attorneys a “character assassination.” They did not immediately respond to a request for comment.

Independent journalist Juan Alberto Vazquez was on an uptown F train last week when he said Neely started yelling that he was tired and hungry and that he didn’t care if he went to jail or died. Then, the journalist said, Penny took Neely to the ground and put him in a chokehold. A cellphone video Vazquez captured of part of the incident went viral, prompting some to condemn Penny’s actions and others to defend them.

Neely was a beloved Michael Jackson impersonator who friends and family described as a “sweet kid” with “God-gifted ability and talent.” But they said he had also struggled with mental illness after the murder of his mother when he was 14. He had reportedly been arrested dozens of times and was homeless when he died.

Protesters have gathered several times since Neely’s death to urge city leaders to dedicate more resources to homelessness and mental health care. More than a dozen people were arrested last weekend after they jumped onto the subway tracks.

Lawmakers from the City Council’s Black, Asian and Latino caucus rallied Thursday afternoon to call for criminal charges against Penny. Mayor Eric Adams said earlier this week that Neely did not deserve to die but stopped short of pressing for legal action.

The case has added to the already mounting pressure on Bragg, who made history last month as the first prosecutor in U.S. history to charge a former president with a crime. Some questioned Bragg for waiting more than a week to charge Penny. Others praised him for taking his time to investigate after his office was quick to arrest a bodega worker who killed a man that accosted him behind the counter, sparking backlash and, ultimately, dismissal of the charges.

The DA’s office has not said if it’s considering charges against any other passengers on the train that day, including two other men who appeared to be helping to restrain Neely in the video Vazquez posted online. Bragg’s office has said that it’s conducting a “rigorous” investigation, led by Assistant District Attorney Joshua Steinglass, who recently prosecuted the Trump Organization.

Matt Katz contributed reporting. This story has been updated with additional context and a statement from Penny's attorneys.