Marine veteran Daniel Penny pleaded not guilty on Wednesday to manslaughter and criminally negligent homicide in the chokehold death of mentally ill homeless man Jordan Neely.
The incident occurred on May 1, when Neely entered the subway car Penny was on and began using threatening language toward passengers and acting in a “hostile and erratic manner,” according to bystanders.
Penny stepped in, concerned for the safety of fellow passengers, putting Neely in a chokehold.
In a news conference after the hearing, a lawyer for Penny, Thomas Kenniff, said he and his partner Steven Raiser are confident the evidence presented demonstrates “our client acted reasonably under the circumstances.”
Daniel Penny has pleaded not guilty to one count of second-degree manslaughter and one count of criminally negligent homicide for putting Jordan Neely, a man experiencing homelessness, into a fatal chokehold on an NYC subway train in May. pic.twitter.com/mR10ZJXLDL
— The Recount (@therecount) June 28, 2023
If convicted on both counts, however, Penny could face up to 19 years behind bars.
Though all Penny said during the arraignment was “not guilty,” he previously explained that he “just couldn’t sit still” as passengers, including women and children, were threatened, and that he did not intend to “choke him to death.” Video of the incident shows Penny and another passenger even putting Neely in the recovery position.
Raiser told the New York Post that they believe Penny will get a fair trial given how subway crime is an issue that hits close to home for most residents.
“They understand what it’s like to be on a subway, what it’s like to be confined underground, what it’s like to not be able to leave when faced with a threat,” Raiser said. “So it is a very positive thing that we’re able to go to the people here in Manhattan and ask them to render a verdict on this case because they understand what it’s like to be in the situation that Daniel was in at least to the physical confinement.”