Daniel Penny was freed pending trial hours after turning himself in at a police station and appearing in court to answer criminal charges in the May 1 death of Jordan Neely, a former subway performer. Penny did not enter a plea.
May 12, 2023 at 3:15 pmDaniel Penny, center, is walked by New York Police Department detectives detectives out of the 5th Precinct on Friday, May. 12, 2023 in New York. Manhattan prosecutors announced Thursday they would bring the criminal charge against Penny, 24, a U.S. Marine Corps veteran, in the May 1 death of 30-year-old Jordan Neely.
A judge authorized Penny’s release on $100,000 bond and ordered him to surrender his passport and not to leave New York without approval. Prosecutors said they are seeking a grand jury indictment. Penny is due back in court on July 17. A freelance journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, said he had been shouting at passengers and begging for money aboard the train but had not gotten physical with anyone. Penny pinned Neely to the floor of the subway car with the help of two other passengers and held him in a chokehold.
Donte Mills, a lawyer for Neely’s family, disputed Penny’s version of events, saying the veteran “acted with indifference. He didn’t care about Jordan, he cared about himself. And we can’t let that stand.”
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