Daniel Penny could be charged TOMORROW over Jordan Neely chokehold

Marine vet Daniel Penny ‘will be charged with manslaughter tomorrow over fatal subway chokehold on homeless man Jordan Neely’ – as woke DA Alvin Bragg FINALLY makes a call

  • Penny, 24, could face charges over the 30-year-old’s death as early as Friday, according to NBC4 NY. He is expected to surrender himself to a police station
  • The four-year Marine veteran restrained Neely after he menaced terrified train passengers telling them he was ready to die or go to jail for life
  • Manhattan DA Alvin Bragg had reportedly been considering a grand jury but is now expected to level charges against Penny without summoning a panel

Marine veteran Daniel Penny will tomorrow be charged with manslaughter over the NYC subway chokehold of homeless man Jordan Neely, according to reports.

Penny, 24, is expected to surrender himself to a police station over the 30-year-old’s death as early as Friday, according to NBC4 NY. 

The four-year Marine veteran restrained Neely after he menaced terrified train passengers telling them he was ready to die at the Broadway-Lafayette Street station last Monday.

Manhattan DA Alvin Bragg had reportedly been considering a grand jury but the woke prosecutor is now expected to charge Penny without summoning a panel to consider the case. It is unclear whether any of the passengers who helped Penny subdue the homeless schizophrenic are facing sanction. 

It comes after furious demonstrators took to the streets demanding justice for Neely who has a history of vicious attacks on subway passengers including a 67-year-old woman he left with a broken nose.

Neely, who was homeless, was placed in a chokehold by former Marine Daniel Penny

Daniel Penny grapples with Jordan Neely on the floor of the F train on May 1  

Left-wing politicians like Alexandria Ocasio-Cortez earlier this week branded his death a ‘murder.’ Neely was remembered fondly by some for his Michael Jackson impersonations in Times Square.

His distraught family reacted angrily to the news that Penny was released by cops without charge after the incident.

‘Why would you release somebody who just choked someone to death?’ his uncle Christopher Neely said. ‘The Marine should never have been released at all … That was a stab in the face to all of Jordan’s family and loved ones.’

He admitted that Neely had struggled with drugs and was ‘self-medicating with K2’ – a potent synthetic cannabis.  

Penny’s lawyers said the Long Island-native ‘could not have foreseen [Neely’s] untimely death.’ They also said the ex-Marine was merely trying to restrain Neely until the cops arrived. 

The veteran’s legal team also took aim at ‘elected officials’ calling on them to ‘address the mental health crisis on our streets on subways.’ 

Penny’s attorney is former Republican Manhattan District Attorney candidate Thomas Kenniff, who unsuccessfully ran against Democrat Bragg in 2021. 

Witnesses said that around 2.30pm, Neely was behaving erratically, throwing garbage and screaming that he wanted to ‘die’ or ‘go to jail’ because he was fed up about having no food. 

Video footage shows Penny with Neely in the chokehold. For two minutes and five seconds, Neely struggled on the floor, flailing his feet. He went limp after two minutes and six seconds.

Numerous panicked bystanders called in to 911 as Penny grappled with Penny, police records show.

The New York Police Department received their first call reporting a fight on the F train at 2:25pm on May 1, with another report coming in a minute later.

At 2:27 pm two more calls were received – one telling of ‘threats’ being made on the train, and the other describing a rider ‘armed with a knife or gun.’ A call reporting an assault in progress was placed at 2:29pm, and at 2:30pm a second call reporting somebody making threats on the F train was made.

Penny was questioned on Monday but has not been arrested. His attorneys say they have reached out to the NYPD and the DA’s office to cooperate with the investigation 

NYPD officers on attempt to revive Jordan Neely as he lies on the floor of an F train

Officers outside the F train while the body of Neely is prepared to be moved to a hospital

Jordan Neely’s father said in an interview that his son began mimicking Michael Jackson at the age of four or five

According to Fox News, those calls were merely a ‘summary’ of the many calls placed to police during the altercation between Neely and Penny. The NYPD told DailyMail.com they ‘responded to multiple 911 calls’ as the incident played out.

Police said they arrived on the scene by 2:30pm and began administering CPR on Neely, who had gone limp in Penny’s grip by then.

The New York Fire Department was called for assistance at 2:39pm, and they arrived less than ten-minutes later at 2:46pm.

Neely was then taken to a nearby hospital, where he was declared dead. A medical examination revealed he died from compression of the neck. It remains whether Neely died on the subway or finally succumbed to his injuries at the hospital.

It also remains unclear exactly what time Penny first put Neely in a chokehold or how long he held him. Some witnesses have reported Penny had his arm around Neely’s neck for up to 15 minutes before he lost consciousness, according to NBC New York.

Neely had an extensive rap sheet for crimes on the subway, including vicious assaults of other passengers.

In 2021, Neely attacked an elderly woman as she left the Bowery station in the East Village. She suffered a broken nose, a fractured orbital bone, and ‘bruising, swelling and substantial pain to the back of her head’ in the November 12 attack, according to a criminal complaint.

He admitted felony assault on February 9 in exchange for a 15-month alternative-to-incarceration program, according to the Manhattan District Attorney’s Office.

He was supposed to stay in a treatment facility and stay sober.

Between January 2020 and August 2021, he was arrested for public lewdness after pulling down his pants and exposing himself to a woman, misdemeanor assault for hitting a woman in the face, and criminal contempt for violating a restraining order.

All three cases were dismissed as part of his February 9 plea deal, according to Fox News.

In June 2019, Neely assaulted 68-year-old Filemon Castillo Baltazar on the platform of the W. 4th St. Station in Greenwich Village, court records show.

Protests erupted in New York City on Wednesday after Neely’s death was ruled a homicide by the medical examiner 

Protesters at Broadway Lafayette subway station where the incident took place 

Protesters scream at NYPD officers  at the Broadway Lafayette subway station on Wednesday 

The 24-year-old Marine veteran from Long Island who is accused of killing Neely has not been identified 

The protesters blocked an incoming Q train at the station. They are wanted for criminal trespassing over the protest

Protestors on the tracks at a subway station on the Upper East Side in New York City 

‘Out of nowhere, he punched me in the face,’ the victim told the New York Daily News. He said he saw Neely before the attack rummaging in trash cans for food.

One month earlier, Neely punched a man in the face, breaking his nose on the platform of Broadway-Lafayette – the same subway station where he died.

For both 2019 cases, he pleaded guilty to misdemeanor assault and was sentenced to six months in jail.

In their statement, Penny’s attorneys said: ‘Earlier this week Daniel Penny was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely. We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely,’ the press release began.

‘Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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.

‘For too long, those suffering from mental illness have been treated with indifference. We hope that out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.’

Neely’s family were not impressed with Penny’s statement, and said he belongs in prison.

‘Daniel Penny’s press release is not an apology nor an expression of regret,’ they said. ‘It is a character assassination and a clear example of why he believes he was entitled to take Jordan’s life.’

‘He knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing. His actions on the train and now his words show why he needs to be in prison.’

They also begged Mayor Eric Adams to make contact with them.

‘The family wants you to know that Jordan matters,’ they said. ‘You seem to think others are more important than him. You cannot ‘assist’ someone with a chokehold.’ 

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