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.
California Governor Gavin Newsom is projected to keep his job. Around two-thirds of the votes have been reported, and roughly 64% of those votes are in favor of keeping Newsom as their governor.
Daniel Strauss, senior political correspondent at The New Republic, joined Cheddar's Opening Bell to discuss more about what Newsom's win means to both political parties moving into Midterm elections season.
The Department of Justice is suing Texas over the state's new abortion law that prohibits abortions after six weeks, well before many women even know they're pregnant. The lawsuit argues the law is unconstitutional under long-standing Supreme Court precedent. It was filed last week in federal court in Texas, but could go all the way to the high court within weeks. Josh Blackman, a constitutional law professor at South Texas College of Law Houston, discusses the DOJ lawsuit and what it could mean for other abortion laws across the country.
26 states have now fully vaccinated more than half of their population with Vermont, Connecticut, and Massachusetts fully vaccinating at least two-thirds of their residents. These three states are among the ones with the lowest new Covid-19 cases per capita, but in states with low vaccination rates, hospitals are filling up again.
Dr. Rob Davidson, ER doctor and executive director of Committee to Protect Health Care, joined Cheddar's Opening Bell to discuss more.
The Biden Administration has officially extended a ban on a Trump-era policy that prohibits traveling with a U.S. passport to North Korea. The extension is expected to last until August 2022. The ban was initially enforced after the death of Otto Warmbier, who entered a vegetative state while in North Korean custody. Advocates against the ban argue that it has caused crippling impacts on Korean Americans who have not been able to reunite with their families back home. Senior Fellow at The Foundation For Defense of Democracies Anthony Ruggiero joined Cheddar's News Wrap to discuss more.
