In videos produced and released by his lawyers, Daniel Penny defended what he did, saying he was scared for himself and others on the train. NBC New York’s Jessica Cunnington reports.
The man charged in the chokehold death of Jordan Neely is sharing what he says happened during the subway incident in May, saying that he "couldn't sit still" as the homeless man was yelling in other people's faces.
In videos produced and released by his lawyers on Sunday, Daniel Penny defended what he did, saying he was scared for himself and others on the northbound F train in lower Manhattan on May 1.
The 24-year-old 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.
"I was scared for me but I looked around and saw women and children, he was yelling in their faces and saying these threats. I couldn’t just sit still," he said. "The three main threats [Neely] repeated over and over was, 'I’m gonna kill you,' 'I’m prepared to go to jail for life,' and 'I’m willing to die.'"
It was not immediately clear how the video was produced, and Penny's lawyers declined to make their client available for NBC New York to interview.
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Jarring video showed Neely — a popular Michael Jackson street performer who was homeless and had battled mental illness for years — forced into the chokehold for minutes by Penny, an ex-Marine. A witness said Penny held Neely in the chokehold for 15 minutes, but Penny said the whole interaction was five minutes.
"Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him, you can see in the video there’s a clear rise and fall of his chest, indicating he’s breathing," Penny said in the videos.
Neely’s family and their attorneys not only disagree, but the day Penny turned himself in to police, they said the manslaughter charge was not enough. They believe former marine should be charged with murder.
Neely's family attorneys did not immediately respond to request for comment regarding the statements made in the videos.
Advocates said the case put a spotlight on race and inequities in the justice system, as Penny was released after being questioned by police the day of the incident — a move that fueled uproar and protests. Penny said race had nothing to do with it.
“I didn’t see a Black man threatening passengers. I saw a man threatening passengers,” he said.
Penny previously said in an extended interview that what happened was not motivated by race. He told the New York Post that if presented with the same situation he would do it again.
During that same interview, Penny said if he had the opportunity to speak with Neely's family he would say, "I'm deeply saddened by the loss of life. It's tragic what happened to him. Hopefully, we can change the system that's so desperately failed us."
Penny said was riding the train on his way to a Manhattan gym after class; he now attends school virtually. He refused to elaborate on the details that preceded the chokehold, but 'indicated it wasn’t like 'anything I’d experienced before.'”
“I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you, I love all people, I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through Africa before this happened.”
The 24-year-old man 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. Penny is due back in court in July.
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, another 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.”
The Neely family wants the case to go to trial and wants the two men who assisted Penny charged as well.
