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Marine veteran Daniel Penny was charged Wednesday in the death of Jordan Neely in the New York City subway, sources told Fox News.
The exact charges remain sealed until his indictment, but he was arrested on a second-degree manslaughter charge for the homeless man’s May 21 death.
Neely, who suffered from mental illness and had a long history of violent assaults on subway drivers, stormed onto the train at Manhattan’s Second Avenue station around 2:30 p.m., screaming and threatening passengers.
DANIEL PENNY: NAVY VET ACCUSED OF FATAL SUBWAY CHOKEHOLD REVEALS WHY HE GOT IN
Daniel Penny, charged with the death of Jordan Neely on the subway, says he had to protect his fellow passengers. (Julia Bonavita/Fox News Digital)
“Between stops you’re stuck on the train with nowhere to go. You can try to drive away, but there’s only so much you can do in a packed car,” 24-year-old Penny previously told Fox News Digital in an exclusive interview . “I was scared. I looked around and I saw older women and children, and they were terrified.”
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Penny said in a video released by his lawyers that Neely had tripped in the train car and appeared to be taking drugs.
“He ripped off his jacket and threw it at the people sitting next to me,” Penny recalls.
Marine veteran Daniel Penny, right, fatally strangled Jordan Neely, left, on a NYC subway after the homeless man threatened passengers. (Mills & Edwards/All Trails)
“I was listening to music at the time and I took out my headphones to hear what he was shouting,” the student continued. “The three main threats he repeated over and over were ‘I’m going to kill you’, ‘I’m willing to go to prison for life’ and ‘I’m willing to die.'”
WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A ‘HERO’
Penny approached Neely from behind, put his arm around Neely’s neck and dragged him to the ground, while two other men helped restrain him until he went limp.
Cell phone recordings only captured about four minutes of the encounter after Neely was already on the ground, but a passenger can be heard telling Penny, “You’re going to kill him.”
Daniel Penny leaves the NYPD’s 5th Precinct on Friday, May 12, 2023. Penny faces charges in connection with the death of subway driver Jordan Neely. (Julia Bonavita/Fox News Digital)
The municipal coroner ruled that Neely’s death was homicide by compression of the neck.
The murder has divided the town, with many labeling him a murderer while others have hailed him as a hero.
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Neely’s death sparked city-wide protests that blocked traffic and halted train service.
Penny faces up to five to 15 years in prison if convicted of second-degree manslaughter.
Rebecca Rosenberg is an accomplished journalist and author of books with a focus on crime and criminal justice. Email tips to [email protected] and @ReRosenberg.
