Manhattan District Attorney Alvin L. Bragg, Jr., today announced the indictment of DANIEL PENNY, 24, for placing Jordan Neely in a fatal chokehold on the F train. PENNY is charged in a New York State Supreme Court indictment with one count of Manslaughter in the Second Degree and one count of Criminally Negligent Homicide. [1]
A copy of the indictment can be found here.
“Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving. I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss,” said District Attorney Bragg.
According to court documents and statements made on the record, on May 1, 2023, Mr. Neely entered a northbound F train at the 2nd Avenue station and began making verbal threats to passengers. In response, PENNY approached Mr. Neely from behind and put him into a chokehold as the train arrived at the Broadway-Lafayette stop less than a minute later. PENNY continued his chokehold for several minutes, including after Mr. Neely’s body stopped moving.
First responders attempted resuscitative efforts on Mr. Neely at the Broadway-Lafayette station. He was eventually transported to the hospital, where he was pronounced dead.
The case is being prosecuted by Senior Trial Counsel Joshua Steinglass and Assistant D.A. Jillian Shartrand, under the supervision of Robert Ferrari (Chief of Trial Bureau 40) and Executive Assistant D.A. Lisa DelPizzo (Chief of the Trial Division). Analysts Emma Lester, Ryan Strick, Brandon McDuffie, and Kevin Ferrari all assisted with the case.
D.A. Bragg thanked NYPD Det. Brian McCarthy of the Manhattan South Homicide squad and Detective Michael Medina of the 5th precinct.
Defendant Information:
DANIEL PENNY
Queens, New York
Charged:
- Manslaughter in the Second Degree, a class C felony, one count
- Criminally Negligent Homicide, a class E felony, one count
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[1] The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty. All factual recitations are derived from documents filed in court and statements made on the record in court.