Ex-Marine Penny Expected to Be Charged in Subway Death

By Matis Glenn

Ex-Marine Daniel Penny is expected to be charged in the death of Jordan Neely, a homeless man who died after being restrained following an aggressive outburst on a subway, according to sources cited by NBC.

Neely, a 30-year-old with a history of mental illness and many prior arrests for crimes including assault, was yelling at passengers on an F train last week, including reportedly shouting “I’m not afraid of going to jail.” Penny then began subduing him, placing Neely in a chokehold, while two other passengers held him down.

By the time Neely stopped struggling, he had lost consciousness, and he was released from the hold. EMS were unable to revive the man. The ordeal lasted 15 minutes, before NYPD came to the scene.

Penny was taken into custody for questioning but released the same day.

The death sparked outrage from advocates for the homeless, with calls for reforming the mental health system and accusations of racism and murder being levied at Penny, who is white, while Neely was black. Protestors were seen saying that Neely died because he was “riding while black.”

Penny might be charged as early as Friday, without the case being presented to a grand jury, according to NBC’s sources.

Penny’s lawyers have argued that there was no way the 24-year-old veteran “could have foreseen” that his actions would lead to the death of Neely.

Whether the other two passengers who subdued Neely will be charged is not yet known.

Mayor Eric Adams has been circumspect about the case, bemoaning it as a tragedy and a failure of the mental health and other systems, while not offering an opinion as to whether Penny should be held accountable.