May 12 (UPI) — Daniel Penny, the man who choked Jordan Neely to death on a New York City subway train, was charged with second degree manslaughter and released on $100,000 bond Friday.
Neely family attorney Lennon Edwards indicated at a press conference Friday that the family feels the charge is too lenient.
“Is that enough for someone who choked somebody out on the train and took their life?” Edwards asked.
Edwards told reporters the family wants a murder charge against Penny because he could have chosen a non-lethal technique to restrain Jordan Neely.
The manslaughter charge carries as much as 15 years in prison if Penny is convicted.
Manhattan District Attorney Alvin Bragg said in a statement, “Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time.”
Jumaane Williams, the elected New York City Public Advocate, told reporters earlier this week that Neely was unjustly killed and that Penny had to be charged.
“To say anything else is an equivocation that will only further a narrative that devalues the life of a Black homeless man with mental health challenges and encourages an attitude of dehumanization of New Yorkers in greatest need,” Williams said.
Penny put Neely in a deadly chokehold after the homeless man, who had been begging for food and behaving erratically, screamed about being hungry and tired. Neely never harmed or tried to attack anyone on the train.
New York Mayor Eric Adams said during a press conference Wednesday that Neely struggled with tragedy and trauma after the killing of his mother and “did not deserve to die.”
Penny was captured on video choking Neely for nearly three minutes. He held the chokehold for 50 seconds after Neely stopped moving.
Penny’s attorneys said in a statement they believe that, once all the facts in the “tragic” incident are known, Penny will be absolved of wrongdoing.
“When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety, for the good of his fellow passengers,” the statement from Raiser and Kenniff law firm said. “The unfortunate result was the unintended and unforeseen death of Mr. Neely.”
Witnesses on the train said Neely, who has a history of mental illness, was acting erratically, leading Penny and other passengers to try to restrain him.
Penny’s attorneys expressed condolences to Neely’s family.
Neely family lawyers Donte Mills and Lennon Edwards posted a Facebook statement that said Penny deserves to be in prison for his actions.
“Daniel Penny suggests that the general public has shown “indifference” for people like Jordan, but that term is more appropriately used to describe himself,” the attorneys’ statement said. “It is clear he is the one who acted with indifference. He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison.”
