Notorious Manhattan District Attorney Alvin Bragg has decided to press charges against former Marine Daniel Penny for the death of Jordan Neely.
As RedState reported, Neely was placed in a submission hold by Penny after the former, a career criminal with a history of mental illness, began to aggressively threaten subway passengers. Neely passed away at some point after being released and was later pronounced dead at the hospital.
Now, Penny will be charged with second-degree manslaughter for his actions (The New York Post).
Daniel Penny — the former Marine who put homeless man Jordan Neely in a deadly chokehold on the subway last week — is expected to surrender to face criminal charges, law enforcement sources with knowledge of the case said Thursday.
Penny, 24, will turn himself in at the NYPD’s 5th Precinct in Manhattan on Friday morning, high-ranking police sources said.
He is being charged in a criminal complaint with second-degree manslaughter, sources said.
The Manhattan District Attorney’s Office had been investigating the May 1 encounter that left Neely, a 30-year-old homeless man with a long history of mental illness, unconscious on the floor of an F train.
Video of the incident showed Penny releasing Neely and placing him in the recovery position, which is meant to open up the airways and bring someone back to consciousness. That would suggest that Penny did not have any intent to permanently harm Neely, which is likely why the charges are for manslaughter and not murder.
Here’s what the specifics of the charge are.
Here’s the law on this pic.twitter.com/XYka09Y0ea
— LB (@beyondreasdoubt) May 11, 2023
Witness testimony is obviously going to be key in whatever defense Penny mounts. If those on the subway back his account and provide testimony that Neely was posing a serious threat, the eventual jury may be swayed.
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