Posted on 05/11/23
| News Source: NBC News
The 24-year-old subway rider who was seen in a video putting a homeless man in a fatal chokehold on a New York City train is expected to be charged in the incident as soon as Friday, according to two sources familiar with the matter.
Daniel J. Penny, a Marine veteran, was taken into custody after the May 1 incident but was released. It is not clear what charges he will face.
Cellphone video captured on a northbound F train showed Penny on the ground holding Jordan Neely in a chokehold following an altercation.
Lawyers for Penny did not immediately respond to a request for comment Thursday afternoon, but said previously that Neely had been “aggressively threatening” their client and other subway riders and that Penny acted to protect himself and others.
Neely, a 30-year-old subway busker who performed dance routines in costume as Michael Jackson, was unconscious when officers arrived at the Broadway and East Houston Street station. He was pronounced dead at the hospital, police said.
The New York City Office of the Chief Medical Examiner said that Neely died of "compression of neck (chokehold)" and that the manner was homicide.