A group of several hundred people protest the death of Jordan Neely, Friday, May 5, 2023, at Washington Square Park in New York. Neely, a locally-known Michael Jackson impersonator who friends say suffered from worsening mental health, died Monday, May 1, when a fellow rider pulled him to the floor and pinned him with a hold taught in Marine combat training. (AP Photo/Brooke Lansdale)
By Jake Offenhartz and Michael R. Sisak
A man who kept a chokehold around the neck of an agitated fellow passenger in the New York City subway, leading to the other rider's death, turned himself in to authorities Friday on a manslaughter charge that could send him to prison for 15 years.
Manhattan prosecutors announced Thursday they would bring the criminal charge against Daniel Penny, 24, a U.S. Marine Corps veteran, in the May 1 death of Jordan Neely, 30.
Penny turned himself in at a Manhattan police station Friday morning.
Neely's death, captured on video by a freelance journalist, has raised an uproar over many issues, including how those with mental illness are treated by the transit system and the city, as well as crime and vigilantism.
Thomas Kenniff, one of Penny's attorneys, said Penny turned himself in “voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation.”
In a brief statement to reporters outside the police station, Kenniff said that he expected an arraignment later Friday and that the process “will unfold from there.”
Asked how Penny was feeling, Kenniff said his client “is dealing with the situation, like I said, with the sort of integrity and honor that is characteristic of who he is and characteristic of his honorable service in the United States Marine Corps.”
Penny's attorneys have said he acted in self-defense when he restrained Neely.
According to an onlooker, Neely, who is Black, had been screaming and begging for money aboard the train, but had not gotten physical with anyone.
Penny, who is white, was questioned by police in the aftermath but was released without charges.
Friends of Neely said the former subway performer had been dealing with homelessness and mental illness in recent years. He had several arrests to his name, including the 2021 assault of a 67-year-old woman leaving a subway station.
A second-degree manslaughter charge in New York will require the jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death, and then consciously disregards that risk.
The law also requires that conduct to be a gross deviation from how a reasonable person would act in a similar situation.
_____
Associated Press writer Karen Matthews contributed to this report.
Face to face for just over two hours, President Joe Biden and Russia’s Vladimir Putin squared off in a secure video call Tuesday as the U.S. president put Moscow on notice that an invasion of Ukraine would bring enormous harm to the Russian economy.
Ahead of Instagram head Adam Mosseri's congressional hearing on the mental impact of the social platform on teens, the company announced a number of updates aimed at teen safety.
Troubled Chinese real estate giant Evergrande is once again nearing the brink of collapse. Shares of Evergrande sunk to a new record low on Monday, closing down 20 percent, as debt default fears resurfaced. Drew Bernstein, co-chairman at consultancy MarcumBP, joined Cheddar's Opening Bell to discuss. He said U.S. investors have to understand that "there is no company in China that's too big to fail, that's for sure," and that the Chinese government will be prioritizing the social welfare of the populace. Bernstein did note that it would be a managed collapse in some form.
Joan Greve, a politics reporter at The Guardian US, joined Wake Up With Cheddar to break down the implications of the Biden administration announcing a diplomatic boycott of the 2022 Beijing games in response to allegations of human rights abuses against Uyghur Muslims. She noted the significance of the move, assessing the already frayed relationship between the U.S. and China. "The Chinese have said that a boycott would be politically manipulative, and now they are actually threatening countermeasures," she said. "And that will certainly have an impact on the spirit of the games at the very least."
The Biden administration has reached an agreement with the Mexican government to resume the "Remain-in-Mexico" policy under court order. By reinstating a Trump-era border policy, asylum-seekers will be forced to stay in Mexico until their U.S. immigration court date. The program is set to resume on Monday. Ryan Devereaux, a reporter for The Intercept, joins Cheddar News to discuss.
The U.S. announced it will not send any official representation to the upcoming Beijing winter Olympics. Cheddar's Hena Doba speaks with East Asia expert Michael Swaine about the reasons behind the diplomatic move.
COVID-19 is still battering the nation's criminal justice system, causing a massive backlog in cases and delaying verdicts for months on end. This, combined with the fear of crowded prisons during a pandemic, has prompted many defendants to plead guilty in exchange for time served or probation. Tina Luongo, attorney-in-charge of the Criminal Defense Practice, joined Cheddar to discuss the court backlog, the rise in plea bargains, and why this was an issue long before the pandemic.
With so many high-profile court cases taking over the media, from the trial over the murder of Ahmaud Arbery to the trial of Kyle Rittenhouse to the ongoing Elizabeth Holmes trial, Cheddar took a look at these cases and why there is such a big interest in them. Rachel Fiset, a white collar criminal defense lawyer and partner with Zeiback, Fiset, and Coleman, and Bryan Hance, attorney-at-law, professor, and academic program director of the pre-law and paralegal studies program at National University, joined Cheddar for a roundtable discussion on why there is so much public interest in so-called courtroom drama.
