Global Courant 2023-05-06 14:28:33
The New York City subway driver accused of strangling a homeless person has been identified by his lawyers as a 24-year-old U.S. Navy veteran and student who, according to lawyers, “acted to protect himself” and “never intended to to do evil”.
Daniel James Penny, 24, has been identified by witnesses and police as the man who held 30-year-old Jordan Neely in a fatal stranglehold after what police say was an altercation on Monday 1 on a northbound F train.
Penny joined the Marines in 2017 according to his LinkedIn profile and is currently in college, according to a statement from his lawyers at Raiser&Kenniff.
New York police officers resuscitate a man at the scene where a fight was reported on a subway train in New York on Monday, May 1, 2023. (Paul Martinka via AP)
Neely reportedly had a mental episode on the subway route, screaming and pacing back and forth, when Penny intervened, tackling him to the ground and putting him in a chokehold, according to witnesses and police.
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Mr. Neely had a documented history of violent and erratic behavior, the clear result of persistent and untreated mental illness. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect himself. until help arrived,” said the lawyer. “Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.”
New York police officers respond to the scene where a brawl was reported on a subway train, Monday, May 1, 2023, in New York. A man suffering from apparent mental illness aboard a New York City subway died Monday after being placed in a headlock by a fellow rider, according to police officials and video of the encounter. (Paul Martinka via AP)
Manhattan prosecutors are investigating Neely’s death after the city’s medical examiner determined that the Michael Jackson impersonator, who was homeless, died from the compression against his neck.
The freelance journalist who shot the now-viral video of the incident, Juan Alberto Vazquez, told the New York Post that Neely “started screaming in an aggressive manner” and complained that he had no food and nothing to drink. According to Vazquez, the Marine veteran reportedly held Neely in a stranglehold for 15 minutes.
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His death has been ruled a homicide by the city’s coroner, and police have not arrested anyone in connection with the crime.
“As part of our rigorous ongoing investigation, we will review the medical examiner’s report, review all available video and photo evidence, identify and interview as many witnesses as possible, and obtain additional medical records. This investigation will be conducted by senior, experienced prosecutors.” a spokesman for Manhattan District Attorney Alvin Bragg said in a statement.
Jordan Neely (left) and Moses Harper do their Michael Jackson impersonations in front of Regal cinemas in Times Square, showing the Michael Jackson movie “This is IT”, Tuesday, October 27, 2009. Neely was murdered on Monday, May 1, 2023 in a New York City subway after allegedly being placed in a chokehold by a fellow passenger. (Andrew Savulich/NY Daily News Archive via Getty Images)
The incident has sparked citywide protests demanding justice for Neely’s murder, with state and local politicians calling for a renewed urgency in addressing the mental health crisis.
“For too long, people with mental illness have been treated with indifference. We hope that out of this terrible tragedy will come a new commitment from our elected officials to address the mental health crisis on our streets and subways,” Penny’s attorneys said in a statement. a statement Friday.
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The Manhattan district attorney’s office is asking anyone who witnessed the deadly encounter if they have any information about it to call 212-335-9040.
Fox News’ Rebecca Rosenberg contributed to this report.
Sarah Rumpf-Whitten is a writer on Fox News Digital’s breaking news team. You can reach her on Twitter at @s_rumpfwhiteten.