Daniel Penny Surrenders to NYPD After Being Charged With Manslaughter in Jordan Neely Chokehold Death

Daniel Penny, a U.S. Marine veteran who fatally held former Michael Jackson impersonator Jordan Neely in a chokehold earlier this month, has surrendered to police. After being charged with second-degree manslaughter, the 24-year-old left the NYPD precinct in handcuffs and is expected to be arraigned later on Friday (May 12), according to CNN.

Penny’s attorney, Thomas Kenniff, says that his client had “his head held up high” and is dealing with his arrest “with the sort of integrity and honor that is characteristic of who he is” and “of his honorable service.” Kenniff, along with the remainder of Penny’s legal team, asserted that he’ll be “fully absolved of any wrongdoing.”

“He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely,” Penny’s attorneys said in a statement Thursday (May 11). The decision for Penny’s charge was made on the same day, after the DA’s office spent the weekend talking to witnesses and watching videos of the subway incident.

While riding Manhattan’s F train on Wednesday, May 1, Penny restrained Neely after the 30-year-old reportedly began shouting and “acting erratically” toward passengers. Neely was pronounced dead at a hospital, and after Penny was brought in for questioning, he was later released.

Footage of the incident was taken and posted to social media by independent journalist Juan Alberto Vázquez, and many responded in protest, demanding Penny’s arrest. Penny’s identity was also confirmed last week, showing that he joined the Marines in 2017 after graduating from West Islip High School.

In the same week, Penny’s lawyers provided a statement giving their “condolences” for Neely’s death, also his “documented history of violent and erratic behavior” and targeting “elected officials to address the mental health crisis on our streets and subways."

Neely’s family responded with their own statement, calling for support from Mayor Eric Adams and calling Penny’s press release an “admission of guilt.”