A week and five days after the subway chokehold killing of Black subway rider Jordan Neely, the white former marine Daniel Penny Jr. was arraigned on a charge of Second Degree Manslaughter. He faces up to 15 years in prison if convicted.
At the Jordan Neely rally, where Public Advocate Jumaane Williams addresses the weekly National Action Network in Harlem. A week and five days after the subway chokehold killing of Black subway rider Jordan Neely, the white former marine Daniel Penny Jr. was arraigned on a charge of Second Degree Manslaughter on Friday, May 12th, 2023. He faces up to 15 years in prison if convicted.
Around 50 blocks south, Penny was arraigned at the Manhattan Criminal Court less than an hour after the Neely family press conference. He was released on a $100 thousand bond. Penny was interviewed by NYPD officers and immediately released. The medical examiner deemed it a homicide. At press time, Manhattan District Attorney Alvin Bragg was still determining whether he would convene a grand jury.
Freelance journalist Juan Alberto Vasquez filmed the incident, and it has been seen worldwide. The graphic video depicts Penny on the subway floor with his left arm wrapped around a limp Neely’s neck for a prolonged period of time. “He started screaming in an aggressive manner…He said he had no food, he had no drink, that he was tired and doesn’t care if he goes to jail. He started screaming all these things, took off his jacket—a black jacket that he had—and threw it on the ground.
“This is a solemn and serious matter that ended in the tragic loss of Jordan Neely’s life,” said a Manhattan DA spokesperson. “As part of our rigorous ongoing investigation, we will review the medical examiner’s report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records.”
“They will charge him with things that they believe should be able to stick—obviously, this is not an accidental killing,” said Edwards. “I consider this to be something that he knew that he was doing, so every charge that applies to an intent to kill is certainly what they should include.” “Chokeholds kill. Cops are no longer allowed to use them. They stop blood flow to the brain. At 1 minute brain cells start to die, 3 minutes permanent brain damage, 5 minutes death. USMC-trained martial artists know that,” Facebook user Bill Dones wrote.Immediately slammed for a perceived insensitive and defamatory tone, Penny’s lawyers issued a statement on his behalf on Friday, May 5, confirming his involvement in the subway incident, but arguing their client was protecting himself.
“The family is thankful for this support,” said Edwards. “The family wants to continue seeing peaceful protest, and as we continue to voice this concern and then speak out to what has happened here, not just locally, but nationally, we can help push and force forward changes that need to happen, so that we don’t have another story like this happen to any family.”
Speaker of the City Council Adrienne Adams also condemned Neely’s killing, along with those justifying his death—which she attributed to endemic racism. Not every citywide official is calling for justice, however. Mayor Eric Adams condemned Lander’s anti-vigilante stance—along with Rep. Alexandria Ocasio-Cortez’s comments saying Neely was murdered—and asked the city to wait for the Manhattan DA’s investigation to conclude.
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