Manhattan DA Bragg Strikes Again: Charges Marine Over Subway Chokehold Death

Daniel Penny, a 24-year-old former Marine, will be charged for the death of 30-year-old homeless man Jordan Neely.

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

As a brief reminder, in case you only watch NBC or CNN or have been hiding under a rock; on May 1, at the Broadway-Lafayette station, witnesses reported that Jordan Neely was acting aggressively toward other passengers on a train.

Neely allegedly screamed “in an aggressive manner” and told passengers he does not care if he goes to jail, before allegedly taking off his jacket and throwing it on the ground.

Multiple witnesses came forward to state that Neely had made repeated attempts to push people onto subway tracks.

Penny allegedly held Neely in a 15-minute chokehold on May 1 to protect himself and other passengers from Neely (along with two other individuals who attempted to restrain the deranged passenger).

Neely is a career criminal with over 40 prior arrests for various offenses, including drug-related charges, disorderly conduct, and fare evasion.

At the time of his death, Neely had an outstanding warrant for assaulting a 67-year-old woman.

The Marine was then taken into custody, questioned by detectives and released, according to ABC News.

NBC4 New York reports that Penny’s attorneys have said previously there was no way he “could have foreseen” that his bid to subdue an alleged perceived threat would turn deadly.

“Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness,” said the statement from law firm of Raiser and Kenniff.

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

Neely’s family says that amounts to a confession.

After word of the impending charge came out, Penny’s attorneys released a statement saying their client “stepped in to protect himself and his fellow New Yorkers” even though “his well-being was not assured.”

“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,” the statement from Steven Raiser read.

“We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing.”

Finally, we ask – Who could have seen that coming?

Well, pretty much everyone after violent protests started erupting across New York City.

The politicization of the justice system (or rather the inevitable denouement to the mob’s rule) is being increasingly exposed to the daylight at so many levels… and yet nothing changes.

As Matt Margolis poignantly notes, under Bragg’s leadership, the Manhattan District Attorney’s office routinely downgrades felonies to misdemeanors. Yet sometimes, his decisions to pursue charges have seemingly been influenced by social or political factors. Earlier this year, Bragg also sought murder charges against Moussa Diarra, a parking garage attendant in Manhattan who had shot a thief in an act of self-defense. However, in response to public outrage, Bragg later decided not to pursue charges against Diarra.

 It is expected that Penny will turn himself in on Friday to face criminal charges.