A Manhattan grand jury indicted Daniel Penny on criminal charges related to his fatal choking of Jordan Neely in an incident caught on camera on board an F train last month, multiple outlets reported Wednesday afternoon.
Penny, 24, a former Marine, had initially surrendered on May 12 on manslaughter charges filed against him following an investigation into the choking of Neely, a homeless subway performer who had allegedly become aggressive before the confrontation.
The charges in the indictment remained under seal as of Wednesday afternoon, according to multiple reports. The Manhattan District Attorney’s office has yet to comment on the matter.
Penny has been under investigation since the May 1 incident when he put Neely, a 30-year-old Black homeless man, in a chokehold that killed him. According to published reports, Neely — a known Michael Jackson impersonator who was homeless — had a long history of mental illness and was reportedly threatening straphangers moments before he encountered Penny.
A straphanger caught the entire choking on camera, and the video quickly went viral — as did debate over whether acted reasonably, or acted like a vigilante who went over the line.
Adding fuel to the fire were reports that Penny had been questioned by cops shortly after the incident, but released a short time later. The episode also ignited the debate over whether New York City was doing enough to help the mentally ill in the subway system.
The city’s Medical Examiner eventually ruled Neely’s death a homicide. Manhattan District Attorney Alvin Bragg said on May 3 that his office had launched a “rigorous ongoing investigation,” and the NYPD asked potential witnesses to the choking to come forward.
As a result of that probe, Penny found himself charged with second-degree manslaughter. He turned himself in and was released on $100,000 bond following his arraignment on the criminal complaint.
In interviews after his arrest, Penny rebuffed accusations that he was a white supremacist, but also maintained that he would act again if confronted with a dangerous situation.
His case became a cause celebré for right-wingers who raised more than $1.6 million for his defense. By contrast, Neely’s family raised a tenth of that to pay for his funeral.
But Reverend Al Sharpton, who spoke at Neely’s funeral, said on Wednesday that the indictment proved Penny’s media blitz wasn’t enough to stop the wheels of justice.
“It appears Mr. Penny’s media tour these last few weeks was ineffective,” Sharpton said. “The Manhattan grand jury saw right through his false narrative by voting to move this case forward. While they should be saluted for this righteous step, we wish the charge would have reflected what this really was: murder.”
