Marine Daniel Penny “never intended to harm” Jordan Neely when he placed the homeless man into a deadly chokehold on a Manhattan subway, he said in a statement through his lawyers Friday.
Penny’s attorneys argued in the statement that he was acting in self-defense during the fatal encounter with Neely aboard an uptown F train Monday.
“Mr. Neely had a documented history of violence and erratic behavior, the apparent result of ongoing and untreated mental illness,” his lawyers Steven Raiser and Thomas Kenniff wrote.
“When Mr. Neely began aggressively threatening Daniel Penny and 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,” the statement said.
The 24-year-old intervened when Neely started ranting on the train, threatening passengers and throwing trash at them while asking for food, according to police and witnesses.
Penny held the homeless man — who struggled with mental health issues since his mother’s murder over a decade ago — in a choke hold while two other commuters helped to restrain Neely’s flailing limbs.
Daniel Penny’s lawyers claimed the marine was acting in self-defense when he fatally pinned Jordan Neely.Juan Vazquez
Shocking video captured the incident, including the moment Neely, 30, lost consciousness in Penny’s arms.
The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).”
What we know about NYC subway choking victim Jordan Neely
Who is Neely?
Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. on May 1, according to police.
He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as a 24-year-old Marine from Queens.
The Marine, who was seen on video applying the chokehold, was taken into custody and later released but the DA is mulling charges, which could include involuntary manslaughter, according to experts.
Why is there fallout over Neely’s death?
The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).” This will be weighed during the investigation into whether charges will be brought for Neely’s death.
Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic while suffering from PTSD and depression.
“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.
Law enforcement sources said Neely had “numerous” arrests on his record, including for drugs, disorderly conduct, and fare beating.
At the time of his death, Neely had a warrant out for his arrest for a November 2021 case in which he was accused of assaulting a 67-year-old woman in the East Village, the sources said.
Mayor Eric Adams has said it’s important for the DA to complete the investigation into Neely’s death and not rush to conclusions.
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Penny — who was in the Marine Corps from 2017 to 2021 — was taken into custody but released shortly after without being charged.
Neely, who suffered from PTSD and depression, had a long history of mental health struggles and had “numerous” arrests on his record and more than a dozen run-ins with police throughout the years.
Nelly’s death was ruled a homicide, but Penny has not been charged with murder.Paul Martinka for NY Post
Neely suffered from mental illness in the years following his mother’s brutal murder.Provided by Carolyn Neely
“The whole system just failed him. He fell through the cracks of the system,” his aunt, Carolyn Neely, told The Post Thursday.
Penny’s lawyers said they 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.”
Penny’s lawyers blamed the city’s poor mental health services for Neely’s death.
Law enforcement sources said a grand jury could be called by the Manhattan District Attorney’s Office as early as next week to determine whether to bring down an indictment.
Source:nypost.com
