Daniel Penny pleads not guilty to criminally negligent homicide, manslaughter in chokehold of Jordan Neely on subway in SoHo

NEW YORK — Daniel Penny was arraigned Wednesday in the chokehold death of Jordan Neely on the subway.

He was charged with criminally negligent homicide and second-degree manslaughter.

He pleaded not guilty at State Supreme Court in Lower Manhattan. 

“Daniel Penny stands indicted for manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving. I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss,” District Attorney Alvin Bragg said.

“From now on, when justice happens, don’t be surprised and don’t be shocked,” Neely family attorney Dante Mills said.

Penny was arrested last month for second-degree manslaughter and has since been out on bond. The 24-year-old Marine veteran was seen on video holding Neely in a chokehold on an F train back on May 1 in SoHo. His arrest followed protests and came 11 days after the deadly encounter.

As the demand for Penny to face charges grew, others came to his defense, raising $3 million to cover his legal expenses.

“We’re all witnesses here. We’re witnessing even $3 million, a legal defense fund, interviews that took place before this happened, can’t make justice go away,” Neely family attorney Lennon Edwards said.  

Neely was a 30-year-old subway performer who had been homeless and had a history of mental illness.

Penny told investigators Neely was threatening passengers on the train and acting erratically. His lawyers say Penny was acting in self defense and never intended to kill Neely. 

“All the evidence is that, we’ve seen, our client acted reasonably under the circumstances and that he was justified in the actions he took,” attorney Steven Raiser said. “On May 1, 2023, Daniel Penny defended his fellow travelers. Now, it’s our turn to defend Danny.

“Daniel won’t be the only one on trial. The right and duty to defend one another will be on trial, too. Our legal team is prepared to fight for Danny and for every New Yorker to defend themselves when faced with great harm,” Raiser added.

As for Penny’s current state of mind, attorney Thomas Kenniff said, “Daniel is a brave guy and he’s continuing with his schooling. He’s doing what he needs to do, staying close with his family. This is a very trying time for Danny.”

If convicted on both counts, Penny faces up to 19 years in prison.

Penny will remain out on bond under the same conditions imposed for his original charge. He had to surrender passport and can’t leave the state without notifying authorities.

Penny’s next court appearance is scheduled for Oct. 25, the Manhattan DA said.