Penny pleads not guilty in Jordan Neely's chokehold death in the NY subway
In a New York City subway train chokehold, a former US Marine placed a homeless man in a fatal chokehold.
Jordan Neely, 30, was shouting at other subway passengers and asking for money when Daniel Penny pinned him down for several minutes on 1 May, witnesses said.
Mr Penny faces up to 15 years in prison if found guilty of the manslaughter charge. He was arrested on 12 May and released on $100,000 (£80,000) bail. He sparked protests and counter-demonstrations after video of the confrontation sparked protests. His lawyers said he could not have known his actions to subdue Mr Neely, a homeless street performer with a history of mental illness, would result in his death.
Who is Daniel Penny? What happened to Jordan Neely?
There is no indication Mr Neely physically attacked anyone in the incident on the northbound F train subway car in Manhattan, as Mr Penny has said he was acting in self-defence.
Video captured by a freelance journalist on the train shows Mr Penny holding Mr Neely around the neck for two minutes and 55 seconds.
Prosecutors allege he continued to restrain Mr Neely after he stopped moving. Despite attempts to resuscitate him, he was pronounced dead at the hospital. According to the city medical examiner, his death was caused by compression of the neck.
In a statement released on Wednesday, Manhattan District Attorney Alvin Bragg expressed his desire for the Neely family to find solace while they endure the sorrow caused by this unfortunate loss. Upon arriving at the Manhattan court for Wednesday's concise hearing, Mr Penny refrained from addressing reporters. In a preceding social media post earlier this month, he acknowledged the incident and clarified that his actions were not intended to result in Mr Neely's demise. Explaining further, he disclosed feeling apprehensive for his own safety as well as those of women and children present who were subjected to threatening behavior. Feeling unable to remain inactive in such circumstances was what compelled him to act.
Following the court proceedings, Mr Penny's legal team conveyed their belief in his eventual acquittal. Attorney Thomas Keniff stated that the encounters encountered by not only Mr Penny but several individuals on the subway car were a common experience among all residents of Manhattan. The defendant has been instructed to appear for a pre-trial hearing on 25 October. According to reports from US media outlets, Mr Neely was known as a Michael Jackson impersonator frequently seen performing in Times Square and had accumulated 42 arrests related to offenses like fare evasion, theft, and assaults on three women.
Mr Penny has been portrayed as a vigilante like Bernard Goetz, a white man who shot four black men to death on a subway in New York in 1984, by his detractors, such as US civil rights leader Reverend Al Sharpton. The Neely family attorney Donte Mills said on Wednesday: "For those who thought donating $3 million would somehow make this go away or buy his pass: It's not going to happen. You can ask for a refund."
