Grand Jury Indicts Ex-Marine Daniel Penny for Death of Jordan Neely

Daniel Penny, center, is walked by New York Police Department detectives out of the 5th Pr
Jeenah Moon/AP

A grand jury in New York indicted former Marine Daniel Penny on manslaughter charges for his involvement in the death of Jordan Neely.

Though the exact charges against Penny have not yet been revealed, sources told Fox News that the grand jury “indicted him on charges of criminally negligent homicide and second-degree manslaughter.” He had been previously arrested by authorities for second-degree manslaughter.

Neely had a history of mental issues and often frequented the station as a Michael Jackson impersonator. He also had an active warrant for his arrest for felony assault. Per CBS News:

Police sources say around 2:30 Tuesday afternoon, Neely was allegedly throwing trash, yelling at passengers and acting erratically on the F train at the east Houston and Lafayette street station.

Things quickly escalated when the 24-year-old tried to subdue him by using what appears to be a chokehold.

CBS2 has learned Neely was homeless, had a history of mental illness, and had an active warrant out for his arrest for a felony assault.

Neely’s family has called on Daniel Penny to be hit with murder charges.

In a series of videos released by Penny’s lawyers thus past Sunday, the ex-Marine outlined he had been plunged into a “scary situation” when Neely entered the subway car, allegedly screaming and threatening to kill people.

“The man stumbled on, he appeared to be on drugs, the doors closed, and he ripped his jacket off and threw it down at the people sitting next to me at my left,” Penny said.

“I was listening to music at the time, and I took my headphones out to hear what he was yelling,” he continued. “The three main threats that he repeated over and over again were ‘I’m going to kill you,’ ‘I’m prepared to go to jail for life’ and ‘I’m willing to die.’”

Though Penny stands at 6’2″, Neely still stood taller than him and allegedly “terrified” other passengers with his violent rhetoric.

“There’s a common misconception that Marines don’t get scared. We’re actually taught one of our core values is courage, and courage is not the absence of fear but how you handle fear,” he said. “I was scared for myself but I looked around. There was women and children. He was yelling in their faces saying these threats. I just couldn’t sit still.”

Penny further disputed claims he held Neely in a chokehold on the subway floor for 15 minutes.

Paul Roland Bois joined Breitbart News in 2021. He also directed the award-winning feature film, EXEMPLUM, which can be viewed on TubiGoogle PlayYouTube Movies, or Vimeo on Demand. Follow him on Twitter @prolandfilms or Instagram @prolandfilms. 


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