Bystanders recorded Penny, 24, choking Mr Neely, 30, on May 1 as they rode the F train in Manhattan, New York.
Wed Jun 14 2023 11:33 PM UK
A former U.S. Marine has been charged with second-degree manslaughter in the subway choking death of Jordan Neely.
A New York grand jury voted Wednesday to indict Daniel Penney, a former sergeant, for the murder of Mr. Neely in Manhattan, according to local media reports.
Bystanders recorded Penny, 24, choking Mr Neely, 30, on May 1 this year as they rode the F train.
Mr Neely, a homeless former Michael Jackson impersonator who struggles with mental illness, was shouting how hungry he was and how he was ready to go back to prison or die, witnesses said.
Penny said he did not intend to kill Mr Neely and acted to protect himself and other passengers on the train.
Jordan Neely struggled with his mental health. Photo: Mills & Edwards LLP
However, witnesses said Mr Neely had not physically threatened or assaulted anyone before Penny grabbed him.
The incident, which happened around 2.27pm, was filmed by freelance journalist Juan Alberto Vazquez and shared online.
Mr Vazquez told the New York Post that Mr Neely was shouting “in an aggressive manner” and complaining of hunger and thirst.
Mr Neely was a former Michael Jackson impersonator. Photo: Andrew Savulich/New York Daily News/TNS
Mr. Neely did not physically attack anyone, he said, adding that the veteran approached the man after he threw his jacket to the ground.
Mr Neely was found unconscious by police after the train stopped and was taken to hospital where he was pronounced dead.
His death was ruled a homicide by the New York medical examiner, sparking violent protests.
There were protests in New York after Mr. Neely’s death
Grieving relatives and friends said goodbye to Mr Neely at a funeral on May 19.
Representatives of Mr. Neely’s family accused Penny of feeling “entitled” to kill and criticized him for not expressing any remorse.
Mr. Neely’s father, Andre Zacheri, told the New York Daily News that he had not seen his son for four years.
He said Mr Neely’s mother, Christy Neely, died violently. She was strangled in New Jersey in 2007, according to news reports at the time. Her body was found days later in a suitcase on the street.
Mr Neely, who was 14 when she died, gave evidence against his mother’s boyfriend in the murder trial.