Updated 6/28/2023 at 2:30 p.m. ET
Daniel Penny pleaded not guilty to second-degree manslaughter and negligent homicide charges in court on Wednesday. In May, Penny was caught on camera choking Jordan Neely to death on a Manhattan subway car. Neely’s death sparked outrage throughout the city, especially because police initially released Penny.
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In a statement on Wednesday, District Attorney Alvin Bragg expressed his hopes that the indictment would bring peace to Neely’s family. “Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving,” said Bragg. “I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss.”
Neely’s family has previously expressed concerns that manslaughter was far too lenient of a charge. In a statement obtained by CNN News, the attorneys for Neely’s family said that the indictment was “the right result for the wrong he committed.”
“Is that enough for someone who choked somebody out on the train and took their life?” asked attorney Lennon Edwards, one of the attorneys representing the family, according to NBC News.
Edwards stressed that Penny “intentionally” chose a method of restraint (chokehold) that cut off airflow. “That’s a choice that he made, and he did it intentionally. So we believe that the conviction should be for murder because that’s intentional,” said Edwards. Neely, who was in distress, was unarmed, and witnesses said he didn’t hurt anyone.
Penny’s attorneys have maintained that he acted in the defense of other passengers and that this was not intentional. But the use of the chokehold combined with his experience as a former marine makes that excuse questionable to some legal experts.
It would be challenging for an ex-marine who is presumably trained in lethal force to argue that he had no idea what he was doing, adds Henderson. “Trying to say that this was an accident seems less valid when we’re talking about someone who is trained to kill someone, presumably successfully,” he says.
The law also specifies that the use of force has to be proportionate and reasonable in order for it to be self-defense, says Henderson. And regardless of whether Penny viewed Neely as erratic, he was unarmed, and no witnesses have claimed he attacked anyone.
Manhattan District Attorney Alvin Bragg has not explained how his office decided on manslaughter. However, he did release a statement about the charges.
“After an evaluation of the available facts and evidence, the Manhattan D.A.’s Office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges,” District Attorney Alvin Bragg said in a statement obtained by NPR. “Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time.”
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