The man who held a subway passenger asphyxiated, causing his death, is expected to turn himself in to authorities on Friday, charged with involuntary manslaughter, which could get him up to 15 years in jail.
The Manhattan district attorney’s office announced Thursday that it would file criminal charges against Daniel Penny, 24, a US Marine Corps veteran, in the May 1 death of 30-year-old Jordan Neely.
Neely’s death, videotaped by a freelance journalist, has caused uproar around many issues, including the treatment of people with mental illness by the city and public transportation system, as well as crime. and vigilantism.
Penny’s attorneys did not respond to a request for comment following the prosecution’s announcement. They had previously said that Penny acted in her own defense of her.
According to an onlooker, Neely, who is black, had been yelling and begging for money on board the train, but had not come to blows with anyone.
Penny, who is white, was questioned by police after the incident but was released without charge.
Neely’s friends said the former subway artist had struggled with homelessness and mental illness in recent years. He had several arrests behind him, including an assault in 2021 on a 67-year-old woman leaving a subway station.
A second degree manslaughter charge in New York will require a jury to find that a person has engaged in reckless conduct that creates an unjustifiable risk of death and then willfully ignore that risk.
The law also requires that such conduct be a flagrant departure from how a reasonable person would act in a similar situation.
2023-05-12 10:25:58
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