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Marine veteran surrenders to NYPD over fatal choke-hold to subdue man on NYC subway

NYPD. (Bernhard Richter/Dreamstime/TNS)
May 12, 2023

Marine veteran Daniel Penny surrendered to the NYPD on Friday morning to face a manslaughter charge over the death of an unstable homeless man who died after Penny subdued him with a fatal chokehold on a subway train last week.

“This morning, Daniel Penny surrendered at the 5th Precinct at the request of the New York County District Attorney’s Office. He did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation,” said Thomas Kenniff, Penny’s lawyer and founding partner of Raiser & Kenniff, in a statement to reporters, The New Post reported.

Penny arrived at the precinct in a black SUV, dressed in a dark suit and black sneakers. He did not speak or answer any questions from reporters as he walked into the precinct. Kenniff added that he expects Penny to be arraigned on Friday afternoon.

READ MORE:Video: Marine vet reportedly puts aggressive homeless man in fatal chokehold on NYC subway

Penny faces a second-degree manslaughter charge, which carries a potential 15-year prison sentence upon conviction, in relation to the death of homeless man Jordan Neely. The incident occurred 11 days prior to Penny’s surrender, and the Manhattan District Attorney’s Office announced their intention to pursue charges against him less than 24 hours before his surrender.

Neely’s death was ruled a homicide from neck compression by the medical examiner several days after the incident. Legal experts initially expected a grand jury would determine the charges, but the Manhattan District Attorney’s Office faced immense pressure to pursue charges against Penny as the investigation progressed.

Penny’s lawyers have maintained their client’s innocence, claiming that he intervened to protect himself and other passengers and never intended to harm Neely. Neely’s family and lawyers have called for Penny to be charged with murder, while sources report that Neely had a history of mental health issues and a criminal record.

The Neely family and their lawyers are expected to hold a press conference at 11 a.m. on Friday.