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Ex-Marine pleads not guilty to charges for death of homeless man on subway

Former U.S. Marine Daniel Penny arrives at the Manhattan Criminal Court for his arraignment hearing for the death of Jordan Neely, a man whose death has been ruled a homicide by the city's medical examiner after being placed in a chokehold on a subway train, in New York City, New York, U.S., June 28, 2023. REUTERS/Brendan McDermid REFILE - QUALITY REPEAT
Daniel Penny pleaded not guilty for the murder of homeless man Jordan Neely on May 1 (Picture: REUTERS)

A United States Marine Corp veteran pleaded not guilty to manslaughter charges for killing of Jordan Neely on a New York City subway car.

On May 1, Daniel Penny, 24, placed Neely, a homeless man, in a chokehold after he shouted at passengers on a subway car in Manhattan.

Neely died as the 24-year-old veteran held his neck, while two other passengers helped hold his body.

A bystander managed to capture the confrontation on video, which drew public outrage after it circulated on social media.

A man, identified as 30-year-old Jordan Neely, is placed in a chokehold by a fellow passenger on a subway train, in New York City, NY, U.S., May 1, 2023. in this still image obtained from a video. JUAN ALBERTO VAZQUEZ/via REUTERS THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY. MANDATORY CREDIT.
Jordan Neely’s death was captured on video by a bystander (Picture: via REUTERS)

Penny was questioned by police officers after Neely’s death, but was not detained. He was arrested over a week later and charged with second-degree manslaughter and negligent homicide on May 12.

He was indicted again by a grand jury on second-degree manslaughter charges on June 15.

If convicted, Penny faces a maximum sentence of 15 years in prison for manslaughter, and five years in prison for negligent homicide.

On Wednesday, Penny was arraigned before a judge in Manhattan Criminal Court. When asked how he pleaded, Penny said ‘not guilty.’ He said nothing else over the course of the short hearing.

Daniel Penny leaves Manhattan Criminal Court, Manhattan, New York. 28 June 2023.
Daniel Penny leaves Manhattan Criminal Court on Wednesday (Picture: Adam Gray for DailyMail.com)

Penny is due back in court for a pretrial hearing on October 25. He was released after posting a $100,000 bond.

Penny claimed he acted in self-defense, and said that Neely had been shouting that he was ‘ready to die’ and willing to go to jail before he restrained him.

Danny isn’t the only one on trial,’ his defense attorney Steven Raiser said. ‘The rights of people to defend one another will be on a trial too.’

Others have criticized Penny’s actions, noting that Neely struggled with homelessness and mental illness.

epa10616394 Activists take part in a vigil and protest in response to the death of Jordan Neely who died on a subway train after being held in a chokehold by another passenger, on the platform where the incident occurred in New York, New York, USA, 08 May 2023. Thirty-year-old Neely, whose death has been ruled a homicide, was killed after being held in a chokehold by a man on the subway on 01 May. Activists are calling for the man who killed Neely, 24-year-old Daniel Penny, to be apprehended. EPA/SARAH YENESEL 15508
Neely’s death lead to protests in the New York City subway (Picture: EPA)

‘A good Samaritan helps those in trouble,’ said Reverend Al Sharpton at Neely’s funeral in May. ‘They don’t choke him out.’

Meanwhile, supporters have raised over $2.9million through a fundraiser on the platform GiveSendGo.

‘For everyone who thought donating $3 million would somehow make this go away or buy his pass: It’s not going to happen,’ said Donte Mills, a lawyer representing Neely’s family.

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