A 24-year-old former Marine, Daniel Penny, who placed New York City subway passenger Jordan Neely in a fatal chokehold, has defended his actions, claiming he and other passengers were acting in self-defense. In a statement issued by his lawyers on Friday, Penny expressed condolences to Neely’s family. Neely’s death has been ruled a homicide, but no charges have been filed thus far.
The case has brought attention to crime and homelessness on public transportation. Penny’s lawyers stated that Neely, a 30-year-old homeless Michael Jackson impersonator, “had a documented history of violent and erratic behavior” due to “ongoing and untreated mental illness.”
According to the statement, Neely had been “aggressively threatening” Penny and other passengers, prompting them to protect themselves until help arrived. Penny’s lawyers asserted that he “never intended to harm Mr. Neely and could not have foreseen his untimely death.”
The Manhattan prosecutor and police are currently deliberating on whether to press charges. The incident occurred on Monday afternoon on an F-line train in Manhattan’s SoHo area. A video captured by a freelance journalist shows the former Marine holding Neely, who was allegedly acting erratically, in a chokehold for nearly three minutes.
Two other passengers restrained Neely’s arms during the struggle. All three eventually released him, leaving Neely motionless on the floor. Penny reportedly urged other passengers to call 911 during the confrontation.
CBS News reports that a grand jury will likely convene next week to determine if there is sufficient evidence to press charges. If charges are brought, Penny is expected to argue that his actions were justified as self-defense.
Protests have been held calling for an arrest following Neely’s death. Penny’s lawyers concluded their statement by expressing hope that the tragedy would lead to renewed efforts by elected officials to address the mental health crisis on city streets and subways.
