Daniel Penny, the man arrested last month in the chokehold death of Jordan Neely, has now been indicted by a Manhattan grand jury, three sources familiar with the matter told News 4.
The Manhattan District Attorney's Office declined to comment Wednesday afternoon. Penny's legal team released a statement saying the standard of proof in a grand jury is low and there "has been no finding of wrongdoing."
“We’re all saddened at the loss of human life,” Thomas Kenniff said. “Daniel Penny saw a genuine threat and took action to protect the lives of others.”
After hearing about the indictment, Neely's family attorney said in part: "The grand jury’s decision tells our city and our nation that 'no one is above the law' no mater how much money they raise, no mater what affiliates they claim, and no matter what distorted stories they tell in interviews."
Mayor Eric Adams seemingly confirmed the grand jury indictment when his office released a statement late Wednesday.
“I appreciate DA [Alvin] Bragg conducting a thorough investigation into the death of Jordan Neely. Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward," the mayor's statement read.
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Penny, 24, was arrested May 12 on a single charge of second-degree manslaughter and was released on $100,000 bond. He was ordered to surrender any passports and must ask the court's permission if he wants to leave the state.
Neely died after he was placed in a chokehold May 1 on a northbound F train in lower Manhattan. The popular Michael Jackson street performer was homeless and on a list of the 50 most at-risk people living on New York City streets.
Penny's lawyers previously said he acted in self-defense and acted to protect fellow subway riders from a supposed perceived threat. They say he could "not have foreseen" Neely would die in the chokehold, and have called his death "the unfortunate result" of good Samaritan intervention. They also say he'll be absolved of the charge.
Donte Mills, a lawyer for Neely’s family, has disputed Penny’s version of events, saying the veteran “acted with indifference. He didn’t care about Jordan, he cared about himself. And we can’t let that stand.”
“Mr. Neely did not attack anyone,” Mills said following Penny's arrest. “He did not touch anyone. He did not hit anyone. But he was choked to death.
“No one on that train asked Jordan: ‘What’s wrong, how can I help you?’” Mills continued, urging New Yorkers in a similar situation: “Don’t attack. Don’t choke. Don’t kill. Don’t take someone’s life. Don’t take someone’s loved one from them because they’re in a bad place.”
News of the indictment comes days after Penny's lawyers released videos where the 24-year-old defends his actions, saying he was scared for himself and others on the F train that day.
Penny doubled down on his defense in the series of short videos, explaining why he put the 30-year-old Neely in the chokehold that killed him, the medical examiner determined. Witnesses said Neely came onto the train yelling about wanting food and threatening riders.
