Former US Marine accused of killing homeless man with chokehold on New York subway practice denies manslaughter

A former US Marine sergeant accused of killing a homeless man after placing him in a chokehold on a New York subway practice has pleaded not responsible to manslaughter.

Daniel Penny, 24, additionally denied a cost of criminally negligent murder following the demise of Jordan Neely in May.

Video filmed by a contract journalist and posted on-line confirmed Penny mendacity beneath Mr Neely, holding him in a headlock place for a number of minutes as he tried and failed to interrupt free.

Neely, a 30-year-old former Michael Jackson impersonator who struggled with psychological sickness, was taken to hospital, the place he died.

Passengers on the subway practice on the time of the incident mentioned Mr Neely had been shouting earlier than the incident about how hungry he was and that he was keen to return to jail or die.

According to the courtroom paperwork, Penny approached Mr Neely from behind and put him in a chokehold for “several minutes”, together with “after his body had stopped moving”.

Penny claimed he acted to defend himself and different passengers, and didn’t intend to kill Neely.

Witnesses mentioned Neely didn’t bodily threaten or assault anybody earlier than Penny grabbed him.

Penny’s attorneys mentioned Mr Neely had lengthy suffered from psychological sickness and had a documented historical past of violent and erratic behaviour.

He had been arrested many instances, with the latest arrest earlier than his demise for punching a 67-year-old girl in 2021.

Penny was questioned by police on the day of Mr Neely’s demise and was arrested and made an preliminary courtroom look 11 days later.

On Wednesday, at Penny’s brief arraignment listening to at Manhattan Criminal Court, his indictment was unsealed by prosecutors.

Read extra:
Daniel Penny: Former US marine charged with manslaughter
Jordan Neely’s household offers assertion after his demise

Manhattan District Attorney Alvin Bragg mentioned: “Daniel Penny stands indicted for manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving.

“I hope Mr Neely’s family members are on the trail in the direction of therapeutic as they proceed to mourn this tragic loss.”

Penny, carrying a blue swimsuit and purple tie, was instructed to return to courtroom in October for a pre-trial listening to.

If discovered responsible of manslaughter within the second diploma, Penny faces a most sentence of 15 years in jail, whereas the cost of criminally negligent murder carries a most sentence of 5 years.

After the listening to, Penny’s attorneys instructed reporters that they had nice confidence {that a} jury of his friends would return a not responsible verdict on all counts at trial.

“Danny won’t be the only one on trial. The right and duty to defend one another will be on trial,” his lawyer, Steven Raiser, mentioned.