A man who had a chokehold around his neck an agitated fellow passenger on the New York subway that led to the death of the other rider turned himself in to authorities on Friday on a charge of involuntary manslaughter, which could carry a 15-year prison sentence.
Manhattan the prosecutors announced On Thursday they would file criminal charges against Daniel Penny, 24, a US Marine Corps veteran, in the May 1 death of Jordan Neely, 30.
Penny turned himself in at a Manhattan police station on Friday morning.
Neely’s death, caught on video by a freelance journalist, has caused an uproar above many problemsincluding how people with mental illness are treated on public transport and in the city, as well as crime and vigilante justice.
Thomas Kenniff, one of Penny’s attorneys, said Penny “surrendered himself voluntarily and with the kind of dignity and integrity that has characterized his history of service to this grateful nation.”
In a brief statement to reporters outside the police station, Kenniff said he expects an indictment later Friday and that the trial “will proceed from there.”
When asked how Penny was feeling, Kenniff said his client “is, as I said, handling the situation with the kind of integrity and honor that is characteristic of him and his honorable service in the United States Marine Corps.”
Penny’s attorneys said he acted in self-defense when he held Neely.
According to a bystander, Neely, a black woman, had been screaming and begging for money on the train but had not come into contact with anyone.
Penny, a white woman, was then questioned by police but released without charge.
Friends of Neely said the former Subway performer has struggled with homelessness and mental illness in recent years. He was followed by several arrests, including the 2021 attack on a 67-year-old woman who was exiting a subway station.
A second-degree manslaughter charge in New York must find the jury that a person has engaged in reckless behavior that poses an unjustified risk of death and then deliberately disregards that risk.
The law also requires that conduct constitutes a gross departure from how a reasonable person would act in a similar situation.
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Associated Press writer Karen Matthews contributed to this report.
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