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.
Will Larkins, president and co-founder of Winter Park High School's Queer Student Union and one of the organizers of its
'Say Gay Anyway' walkout, joined Cheddar News to discuss their recent opinion piece for The New York Times titled "Florida's 'Don't Say Gay' Bill Will Hurt Teens Like Me."
Russia's military advances in Ukraine appear to have stalled, as heavy casualties, equipment losses, and a lack of progress on the ground take a toll. Despite the horrific damage caused by the attack, Ukraine's military has held up better than many experts predicted. Elliot Ackerman, author and Marine Corps Veteran, joined Cheddar's Opening Bell to discuss why Ukraine's defense response been such a surprise, and what a stalemate in the war might look like.
Catching you up on what you Need to Know on Mar 21, 2022, with updates on the Russian invasion in Ukraine, a Boeing 737-800 plane carrying 132 people crashed in China, Canadian Pacific rail workers on strike, another possible COVID surge, and the SEC's new climate rules for businesses.
Judge Ketanji Brown Jackson has told senators that she will defend the Constitution and decide cases “without fear or favor” if she is confirmed to the Supreme Court.
David Stryzewski, CEO of Sound Planning Group, joins Cheddar News' Closing Bell, where he says he believes pent-up demand is driving stocks higher and explains how Wednesday's Fed decision continues to impact investor sentiment.
Rachel Thomas, the co-founder and CEO of the non-profit Lean In, joined Cheddar amid Women's History Month, to discuss how the organization is taking on issues that continue to impact the workplace through its Circles program. "These are a program that brings women together in small groups, usually 8 to 12, for support, camaraderie, and to learn together," she said. "We also we have a lot of curriculum so women can learn how to navigate workplace biases, how to negotiate with women." Thomas also applauded President Biden's recent call to action on equal pay for women, noting that businesses must do more to be cognizant of inherent gender and racial biases.
President Joe Biden and China’s Xi Jinping spoke Friday for nearly two hours via a video call as the White House looks to deter Beijing from providing military or economic assistance for Russia’s invasion of Ukraine.
The Senate has passed the Sunshine Protection Act to permanently set U.S. clocks to daylight saving time — meaning you won't need to change them twice a year. Senator Sheldon Whitehouse (D-R.I.) joined Cheddar News to talk about something that hasn't been changed in almost half a century. “Well, I think if you were to start from scratch and have somebody come in and say here's my idea, we're going to have two different times during the year and you're going to shift back and forth between different times and have to reset all your clocks twice a year, you'd probably throw that person out as like having a screw loose," he said regarding the status quo.
Catching you up on what you Need to Know on Mar 18, 2022, with updates on the war in Ukraine, President Biden’s meeting with Xi Jinping, Meta removing a deepfake video of Volodymyr Zelenskyy, Britney Griner, vaccine updates, and tech news.
