Daniel Penny will be arraigned for a second time Wednesday morning, two weeks after a New York City grand jury indicted him for allegedly placing Jordan Neely in a fatal chokehold in a subway train in May.
Penny is scheduled to appear at New York Supreme Court in Manhattan at 10 a.m., according to the Manhattan district attorney’s office. The arraignment is a procedural step after the 24-year-old Marine Corps veteran was indicted by a grand jury in the, a 30-year-old homeless Black man, in a minutes-long incident caught on film. Penny was previously arraigned last month on a second-degree manslaughter charge after New York’s chief medical examiner ruled that Neely’s death was a homicide.
The grand jury indictment was needed to move forward in a case that has gained national attention since the video of the fatal chokehold went viral, which led to calls for an arrest and charges against the veteran. Penny, who is White, was initially arrested and released without charges, which led to protests and outrage from public officials after the video spread online. According to police, witnesses described Neely as acting in a “hostile and erratic manner.
Steven Raiser and Thomas Kenniff, Penny’s attorneys, have maintained in statements to The Post that while their client was “saddened at the loss of human life,” Penny “saw a genuine threat and took action to protect the lives of others.” Penny’s attorneys have argued for more than a month that he acted in self-defense.
. High-profile Republicans such as Florida Gov. Ron DeSantis, a 2024 presidential candidate, and Rep. Marjorie Taylor Greene have hailed him a “hero” and “good Samaritan.”as of Wednesday morning. Most of the money has come from anonymous donors thanking Penny for what he did and agreeing with his lawyers’ statement that Penny never intended to harm Neely.
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