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The New York Metropolis subway rider accused within the chokehold dying of a homeless man is a U.S. Marine veteran who was performing to guard himself and different riders and by no means supposed hurt, his legal professionals stated Friday night.
Daniel J. Penny, 24, has been recognized by authorities as the person who allegedly put Jordan Neely in a chokehold following what police stated was an altercation Monday on a northbound F prepare, in response to two regulation enforcement officers accustomed to the investigation.
“When Mr. Neely started aggressively threatening Daniel Penny and the opposite passengers, Daniel, with the assistance of others, acted to guard themselves, till assist arrived,” legal professionals for Penny stated in an announcement Friday night. “Daniel by no means supposed to hurt Mr. Neely and couldn’t have foreseen his premature dying.”
Neely, 30, was unconscious when police arrived on the Broadway and East Houston Road subway station, and pronounced useless at a hospital, New York police stated.
He died from “compression of neck (chokehold)” and the way was murder, town chief medical expert’s workplace stated. Penny was taken into custody Monday, questioned by police and launched. No expenses have been filed towards him.
Lawmakers and others requested why he was not held by regulation enforcement authorities longer.
On Friday, two sources accustomed to the matter stated Manhattan District Lawyer Alvin Bragg is anticipated to current the case to a grand jury for its consideration of potential expenses. The timing of when expenses would possibly materialize or when the case would in any other case shut with out prosecution was not clear.
Penny’s legal professionals stated Neely had a documented historical past of violent and erratic habits, the obvious results of ongoing and untreated psychological sickness.
“For too lengthy, these affected by psychological sickness have been handled with indifference,” the Raiser and Kenniff regulation agency stated in its assertion on behalf of Penny. “We hope that out of this terrible tragedy will come a brand new dedication by our elected officers to deal with the psychological well being disaster on our streets and subways.”
The incident, partly captured on cellphone video, has sparked a nationwide debate, with individuals denouncing vigilantism and some politicians demanding officers do extra to deal with homelessness, psychological well being and violence on subways. Neely, a subway busker who carried out dance routines in costume as Michael Jackson, suffered from psychological sickness, attorneys for his household stated.
Who’s Daniel Penny?
Penny graduated from West Islip Excessive Faculty on Lengthy Island, New York, in 2016, a district spokesperson stated Friday with out disclosing further particulars.
He served within the Marines between June 2017 and June 2021 within the 1st Battalion, 2nd Marines, and 2nd Marine Division, in response to a spokesperson. He rose to the rank of sergeant and his final obligation project was at Camp Lejeune in North Carolina.
Penny was awarded two Sea Service Deployment Ribbons and 5 medals, together with the Marine Corps Good Conduct Medal, the Humanitarian Service Medal and the World Battle on Terrorism Service Medal.
In an announcement, a spokesman for the Marines stated the service department was conscious of what occurred on the prepare and would “cooperate with the businesses investigating this incident if requested.”
However he added that the Marines couldn’t verify {that a} former service member was concerned within the incident, saying that he was “merely confirming that an individual with the identify you’ve offered us has served within the Marine Corps.”
After the army, Penny enrolled in faculty however dropped out as a result of he felt “utterly unfulfilled” and as an alternative backpacked by Central America, in response to his profile on Harri, a recruitment and workforce administration platform for the hospitality trade. He was in search of work as a bartender in Manhattan, the profile says.
Extra on Jordan Neely’s chokehold dying
A number of 911 calls
A police spokesman stated officers have been referred to as to the station after they acquired a 911 name a few bodily combat.
“Additional investigation revealed the 30-year-old was concerned in a verbal dispute with the 24-year-old male and it escalated right into a bodily altercation,” the spokesperson stated in a cellphone name earlier this week. “In the course of the bodily wrestle between the 2 males, the 30-year-old male misplaced consciousness.”
Two sources accustomed to the matter say there have been no less than 5 911 calls concerning the incident, together with preliminary studies of a homeless man some discovered to be threatening in his mannerisms and quantity.
Juan Alberto Vazquez was on the prepare and partly captured the altercation on his cellphone. The video, extensively considered, doesn’t present what occurred earlier than the chokehold.
He informed NBC New York that Neely acquired on the prepare and “started to say a considerably aggressive speech, saying he was hungry, he was thirsty, that he didn’t care about something, he didn’t care about going to jail, he didn’t care that he will get an enormous life sentence.”
Some witnesses stated that Neely allegedly acted very aggressively towards different riders and threatened to hurt them, the information station reported. Vazquez stated Neely was held within the chokehold place for about quarter-hour.
A regulation agency employed by Neely’s household stated he suffered from psychological sickness “which started at age 14 when he skilled the brutal homicide of his mom.”
His mom, Christine Neely, was killed in 2007, stuffed inside a suitcase and left on the Henry Hudson Parkway in New York, NJ.com reported. Her boyfriend, Shawn Southerland, was convicted at a trial that Neely, then 18, testified in. He informed the court docket that he tried to say goodbye to his mom earlier than faculty on April 4, 2007, however Southerland refused to let him enter the bed room. Neely stated later that day Southerland packed up and left, in response to the information outlet. Southerland was sentenced to 30 years in jail.
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