Neely family attorneys told CNN Wednesday the grieving family feels justice would be Penny’s conviction. People in the subway were afraid for their safety.” “I came from behind and put him in a chokehold. “He was pacing back and forth on the car,” Penny said in another statement, according to court records. To another investigator, Penny said Neely was “very aggressive” and “going crazy” shortly before he placed him in the hold. The statements are part of a trove of evidence prosecutors expect to use in court, and include 911 audio, five cell phone videos from three witnesses, Metropolitan Transportation Authority video surveillance, body camera footage, police radio runs, Metrocard swipe information and even the MTA rail report, according to court records. “I just came up behind him and put him in a chokehold,” Penny said, and alleged Neely was “threatening everybody.” I just put him in a chokehold,” Penny said, later alleging that Neely had thrown his jacket and warned passengers he was ready to go to prison, according to court records. The records show, for the first time, what Penny told New York Police Department officers moments after the known street performer’s death. Penny told police Neely was acting ‘irate’Īccording to court records filed Wednesday, Penny told police Neely acted “irate,” prompting him to use a chokehold. Penny told the newspaper he would take action in a similar situation again, “if there was a threat and danger in the present.” Penny said he is not a White supremacist and race was not a factor. In May, Penny told the New York Post he was “deeply saddened by the loss of life.” He took a life,” attorney Donte Mills said outside of court.Īttorney Lennon Edwards continued, “Even a legal defense fund, even interviews that took place weeks before this happened, can’t make justice look the other way – so please keep watching.”ĬNN previously reported a legal defense fund set up for Penny has garnered more than $2.9 million in donations.
Penny’s legal team plans to defend “every New Yorker’s right and duty to defend each other when faced with grave harm.”ĭaniel Penny, the man who held Jordan Neely in a fatal chokehold, says race had nothing to do with it, New York Post reportsĪttorneys for Neely’s family championed the indictment: “When justice happens … don’t be shocked,” they said during a news conference after the hearing.
FREEDOM CARE MANHATTAN TRIAL
The “right and duty to defend one another” will also be on trial in the case, said Steven Raiser, another lawyer for Penny. He added he believes his client acted within the law, “however unfortunate the consequences.” “All of the evidence that we’ve seen so far, all of the evidence that we expect to see, shows that Danny acted reasonably, under very difficult circumstances in a confined environment that none of us would want to find ourselves in,” Penny’s attorney, Thomas Kenniff, said after the hearing. Neely was on a New York City Department of Homeless Services list of the city’s homeless with acute needs because people on the list tend to disappear, a source told CNN. The incident, partially captured on video posted online, sparked demonstrations calling for justice in the case. A medical examiner ruled Neely’s death a homicide. Penny forced Neely to the train floor and put him in a chokehold until he stopped breathing. Penny confronted Neely on a subway train after Neely began shouting at passengers that he was hungry and thirsty and didn’t care whether he died. The bail conditions were not changed during Wednesday’s hearing. Penny surrendered to police in May and has been out on a $100,000 bond. Grand jury indicts Marine veteran who held homeless man in fatal chokehold on NYC subway REUTERS/David Dee Delgado David Dee Delgado/Reuters Marine Daniel Penny is taken from a New York City Police precinct under arrest for the death of Jordan Neely, a man whose death has been ruled a homicide by the city's medical examiner after being placed in a chokehold on a subway train, in New York City, U.S., May 12, 2023.
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