Grand Jury Formally Accuses Daniel Penny for Strangulation Death of NYC Subway Rider Jordan Neely

Daniel Penny, who was charged with manslaughter for fatally strangling an agitated New York City subway commuter, has been formally accused by a grand jury, facilitating the progression of the criminal case.

Last month, Manhattan prosecutors brought charges against Penny in relation to the death of Jordan Neely on May 1. Neely, who previously impersonated Michael Jackson, had been grappling with homelessness and mental health issues in recent years.

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The proceedings of the grand jury remain confidential, and representatives for Manhattan District Attorney Alvin Bragg refrained from commenting on Wednesday. Nevertheless, New York City Mayor Eric Adams confirmed the indictment.

“I’m grateful to DA Bragg for thoroughly investigating Jordan Neely’s death. As I stated when the DA initially filed charges, I trust the judicial system, and with the Grand Jury’s indictment of Daniel Penny, the trial and justice can proceed,” stated Mayor Adams.

Neely was verbally confronting commuters and soliciting money when Penny, aided by two other passengers, pinned him to the floor of the moving subway. Penny, a former U.S. Marine, then kept Neely in a strangling grip for over three minutes.

Penny insists he was defending himself and fellow passengers, alleging Neely threatened “I’m gonna’ kill you” and that he was “ready to die” or face lifelong imprisonment.

A freelance journalist who filmed Neely’s desperate struggle and subsequent loss of consciousness noted that while he was behaving aggressively and causing fear, he hadn’t physically attacked anyone. Neely was Black, while Penny is white.

Steven Raiser and Thomas Kenniff, Penny’s attorneys, stated that Penny had no intention to kill Neely but to restrain him until police arrived.

“While we respect the grand jury’s decision to proceed with the trial, it’s important to highlight that the burden of proof in a grand jury is relatively low and there’s been no conclusion of misconduct. We are confident that when the trial jury evaluates the evidence, they will deem Daniel Penny’s actions on the train were completely justified,” commented Raiser.

Neely’s death spurred protests from those who perceived it as another instance of racial injustice. However, some people, including several Republican presidential contenders, have rallied behind Penny. A fund established for Penny’s legal defense has gathered over $2.8 million, as per his attorneys.

Following his May 12 arraignment, Penny, aged 24, was released on a $100,000 bond. He is required to return to court for arraignment on the new indictment.

New York law mandates a grand jury indictment for the case to proceed.

If found guilty, Penny may serve a lengthy prison term.

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More about Daniel Penny Indictment

• Details about the incident involving Daniel Penny and Jordan Neely
• New York City Mayor Eric Adams’ statement on the indictment
• Public response and protests following the incident
• Information on the defense fund for Daniel Penny
• Comments from Republican presidential candidates supporting Penny
• Legal requirements for grand jury indictments in New York