According to an expert interviewed by the Guardian on Friday, the US Marine veteran caught on video putting Jordan Neely in a chokehold on a New York City subway could be charged with manslaughter or criminally negligent homicide.
The identity of the veteran, who was later identified as Daniel Penny from West Islip, Long Island, was initially confirmed by a source familiar with the case.
Penny’s name was subsequently released to the media by his lawyers after it had been widely circulated on social media on Thursday, based on information provided by individuals who recognized him in cellphone footage of Neely’s last moments.
As of now, Penny has not faced any criminal charges. In a statement released on Friday, his attorneys claimed that Neely had been behaving aggressively and posing a threat to Penny and other commuters. They further stated that their client and other passengers were compelled to defend themselves against Neely’s actions.
Steven Raiser and Thomas Kenniff said in a statement as “Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death,”
On Monday afternoon, Neely died on a train as he yelled that he was hungry and prepared to die. A freelance journalist captured a four-minute video that revealed other commuters holding Neely down while Penny put him in a chokehold.
Neely was discovered unconscious by the police and was later pronounced dead at the hospital. An investigation revealed that the cause of death was neck compression, and it was ruled a homicide.
Penny was taken into custody by the officers, interrogated, but later released without being charged with any crime. The decision not to book him has resulted in protests at subway stations and on the streets of New York City, with demonstrators targeting the police, prosecutors, and Mayor Eric Adams.
They are claiming that Neely’s death is an act of vigilantism committed by a white man against a Black subway passenger, who was also a talented dancer and homeless person struggling with mental health issues following his mother’s murder when he was a teenager.
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