Former Marine accused of choking subway rider to death released on bond

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Former Marine accused of choking subway rider to death released on bond
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Jordan Neely, a homeless man, was killed by a fellow subway passenger named Daniel Penny.

Daniel Penny, center, is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023, on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely.Penny, 24, was placed under arrest for second-degree manslaughter and handcuffed. He appeared in court under police guard and did not enter a plea.

Attorneys for Penny said in a statement Friday, "We fully expect that Danny will be exonerated of all charges." Penny "acted with indifference," Neely family attorney Donte Mills added at a news conference hours after Penny turned himself in. "And we can't let that stand." Neely, who was homeless at the time of his death, had a documented mental health history, according to police sources. Neely had been previously arrested for several incidents on the subway, though it's unclear how many, if any, led to convictions.

"Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness," said the statement from the law firm of Raiser and Kenniff. "When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.

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