Daniel Penny Charged With Second-Degree Manslaughter

The ex-marine who put Jordan Neely in a deadly chokehold surrendered to authorities Friday morning.

AP/Jeenah Moon

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

Amid intense anger and calls for justice, the man who put 30-year-old Jordan Neely in a deadly chokehold surrendered to police Friday morning to face a second-degree manslaughter charge.

Daniel Penny, the 24-year-old ex-marine who choked and killed Neely in a subway car last week, turned himself into the New York Police Department’s 5th Precinct. In a video recording from the deadly May 1 encounter, Penny was seen placing Neely, an unhoused street performer, in a chokehold for several minutes as another person restrained Neely’s arms. A bystander is heard warning Penny, “If you suffocate him, that’s it. You don’t want to catch a murder charge.” Penny has alleged that Neely had been “aggressively threatening” toward Penny and other passengers. A witness contradicted that characterization, claiming instead that Neely had been asking for food and hadn’t physically harmed anyone in the lead-up to Penny’s attack.

Neely’s shocking death has divided New Yorkers. Mental health advocates and city leaders have called for Penny’s arrest, in addition to increased protections for the unhoused and mentally ill, while others have pointed to the incident as evidence of mounting concerns over public safety. New York Mayor Eric Adams, who was criticized for his initial milquetoast response to Neely’s death, said Thursday that Neely’s “life mattered.” 

“One thing we can control is how our city responds to this tragedy,” he said in a speech, adding, “One thing we can say for sure: Jordan Neely did not deserve to die.”

The city’s response to Neely’s death, and what it might mean for future policies regarding the serious lack of mental health resources, is sure to be closely watched. At the close of last year, Adams announced a plan to task police officers to remove people who appeared mentally ill off the streets. But the policy has proved divisive.

In his announcement last month, Adams appeared to be under the impression that the state’s commitment of 50 new beds for city hospitals would be enough to provide one for “everyone” who needed it. That, of course, is nothing short of a delusion; at least 60,000 people are homeless in New York, with thousands living unsheltered. A large majority of the unhoused suffer from mental illness. In his announcement last month, Adams appeared to be under the impression that the state’s commitment of 50 new beds for city hospitals would be enough to provide one for “everyone” who needed it. That, of course, is nothing short of a delusion; at least 60,000 people are homeless in New York, with thousands living unsheltered. A large majority of the unhoused suffer from mental illness. 

Neely’s family is scheduled to take place at Mount Neboh Baptist Church in Harlem on May 19. 

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do things differently in the aftermath of a political crisis: Watergate. We stand for justice and democracy. We reject false equivalence. We go after, and go deep on, stories others don’t. And we’re a nonprofit newsroom because we knew corporations and billionaires would never fund the journalism we do. Our reporting makes a difference in policies and people’s lives changed.

And we need your support like never before to vigorously fight back against the existential threats American democracy and journalism face. We’re running behind our online fundraising targets and urgently need all hands on deck right now. We can’t afford to come up short—we have no cushion; we leave it all on the field.

Please help with a donation today if you can—even just a few bucks helps. Not ready to donate but interested in our work? Sign up for our Daily newsletter to stay well-informed—and see what makes our people-powered, not profit-driven, journalism special.

payment methods

DONALD TRUMP & DEMOCRACY

Mother Jones was founded to do things differently in the aftermath of a political crisis: Watergate. We stand for justice and democracy. We reject false equivalence. We go after, and go deep on, stories others don’t. And we’re a nonprofit newsroom because we knew corporations and billionaires would never fund the journalism we do. Our reporting makes a difference in policies and people’s lives changed.

And we need your support like never before to vigorously fight back against the existential threats American democracy and journalism face. We’re running behind our online fundraising targets and urgently need all hands on deck right now. We can’t afford to come up short—we have no cushion; we leave it all on the field.

Please help with a donation today if you can—even just a few bucks helps. Not ready to donate but interested in our work? Sign up for our Daily newsletter to stay well-informed—and see what makes our people-powered, not profit-driven, journalism special.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate