Former Marine Daniel Penny entered a not guilty plea on Wednesday in a Manhattan court, facing charges of second-degree manslaughter and criminally negligent homicide related to the death of Jordan Neely on a New York City subway. The brief arraignment saw Penny, dressed in a suit, maintain his innocence. He was released under the same $100,000 bail conditions set previously.
The case stems from a May 1 incident where Penny restrained Neely, a homeless man with a history of mental illness and prior arrests, using a chokehold during an altercation on an F train. Witnesses reported that Neely had been behaving erratically and making threats towards passengers. Video footage captured part of the struggle, showing Penny holding Neely on the floor with the assistance of another passenger.

Manhattan District Attorney Alvin Bragg stated, “Daniel Penny stands indicted for Manslaughter… I hope Mr. Neely’s loved ones are on the path towards healing.” The indictment can be accessed online.

Penny's defense maintains he acted to protect himself and fellow passengers from Neely's threatening behavior. In a previous interview, Penny claimed Neely had made alarming statements, expressing a willingness to harm or kill someone, leaving other riders fearful. Penny asserted he felt compelled to intervene due to the perceived danger, particularly to vulnerable individuals like the elderly and children he observed on the train.

Penny's arrest occurred 11 days after the incident, following public pressure. If convicted on both charges, he could face up to 19 years in prison. Neely, known for his Michael Jackson impersonations, also had a record of violent incidents, including an assault on a senior citizen. Reports indicate city authorities were aware of his mental health struggles and occasional suicidal ideations.


This incident has sparked significant debate about public safety, mental health, and the appropriate response to potentially dangerous situations on public transportation.