Former Marine Daniel Penny has pleaded not guilty to manslaughter charges in the death of Jordan Neely on a New York City subway. Court documents reveal that prosecutors possess additional video evidence of the altercation, including five cellphone videos from witnesses and surveillance footage. This new evidence adds another layer to the already complex case, which stems from an incident last month where Penny restrained Neely in a chokehold following Neely's reportedly erratic behavior on the train.
One video of the incident, already publicly circulated, depicts Penny holding Neely on the floor with the assistance of another passenger. The court filings also disclose statements Penny made to police on May 1st, eleven days before charges were filed. These statements, along with 911 calls and witness interviews, form part of the prosecution's case. Penny allegedly told officers he restrained Neely in a chokehold after Neely began throwing objects and making threats. He claimed he felt Neely posed a danger to other passengers.
Penny, 24, recounted to Fox News Digital that he was on his way to the gym when he encountered Neely, who was reportedly shouting and begging for money. The incident unfolded rapidly, leading to the fatal chokehold. The decision to prosecute Penny has drawn criticism from some who argue he acted in self-defense or to protect fellow passengers. Penny himself has stated that he believed Neely's threats could have resulted in harm to others.
While Neely was known for his Michael Jackson impersonations, he also had a history of violence, including an assault on an elderly woman. Penny, currently out on bail, faces charges of manslaughter and criminally negligent homicide, carrying a potential sentence of up to 19 years if convicted on both counts.
