Ex-Soldier Daniel Penny Charged with Killing Homeless Man on New York Subway in Second-Degree Manslaughter Case

After the stranglehold death of a homeless man on the New York subway, the responsible passenger has been charged. Ex-soldier Daniel Penny turned himself in to police on Friday and was brought before a judge on so-called second-degree manslaughter. The 24-year-old was then released on bail. If convicted, he faces up to 15 years in prison.

The death of 30-year-old Jordan Neely, who had previously made money as a Michael Jackson impersonator, was captured on cellphone video and sparked outrage in early May. According to witnesses, the African American had started yelling at passengers on a subway. However, he is said not to have physically attacked anyone. Passenger Penny overpowered Neely and held him in a chokehold for minutes while lying on the ground.

Neely lost consciousness and was taken to a hospital, where he was pronounced dead. The forensic medicine classified the case as death by third-party negligence, the cause of death was therefore a compression of the neck.

Tat sparks nationwide debate

The death of the homeless man, who his family said was suffering from mental health issues, made national headlines. Activists and left-wing MPs called for the arrest of Penny, who was initially released after being questioned by the police. There were repeated protests, but also voices defending Penny.

The Manhattan Attorney’s Office then decided in the course of investigations to charge the 24-year-old with second-degree manslaughter. In New York State, this charge means someone’s gross negligence causing the death of another human being. An intention to kill is not assumed. The indictment still has to be formally confirmed by a so-called grand jury – a jury – as reported by the US media.

Neely family lawyer Lennon Edwards said Friday Penny should have been charged with murder. “We need a whole glass of justice here.”

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The lawyers for the former marines, on the other hand, were confident that their client would be acquitted. “He risked his life and safety for the sake of the other passengers. The unfortunate result was the unintentional and unforeseen death of Mr Neely.”

According to media reports, Neely had been arrested repeatedly in the past. Accordingly, he suffered from mental health problems after his mother was murdered. Neely was a teenager at the time.

His death on May 1 touched on two issues that keep making headlines in New York: psychological problems among the many homeless people in the metropolis and safety on the subway.