US marine pleads not guilty to revised charges in chokehold death of Jordan Neely on NYC subway

A US marine veteran who placed a homeless man in a fatal chokehold on a New York City subway train last month has pleaded not guilty to charges of manslaughter and criminally negligent homicide.

Video footage taken by witnesses showed Daniel Penny, 24, putting Jordan Neely, a former Michael Jackson impersonator, in a chokehold from behind for several minutes on May 1.

Mr Neely, 30, had been shouting and begging for money on the Manhattan train, according to bystanders, when he was pinned to the ground by Penny with the help of two other passengers.

Penny is then alleged to have held him in a chokehold for more than three minutes and Mr Neely is said to have lost consciousness during the struggle.

Footage of the chokehold death was later shared on social media, prompting fierce debate, with some praising Penny, who is white, for being a good Samaritan, while others have accused him of racist vigilantism against Mr Neely, who is Black.

At a brief arraignment on Wednesday, Penny, spoke only to say the words “not guilty” before leaving the court room with his lawyers.

The former marine was initially arrested on a manslaughter charge in May, but a grand jury earlier this month added the negligent homicide count, potentially giving a trial jury the option of finding him guilty of the lesser charge.

To get a manslaughter conviction, which carries a prison sentence of up to 15 years, prosecutors would have to prove he recklessly caused Mr Neely's death while being aware of the risk of serious harm.

A conviction for criminally negligent homicide, with the maximum sentence being four years in prison, would require the jury to find that Penny unjustifiably put Mr Neely at risk of death, but failed to perceive that risk.

Penny, who served in the Marines for four years and was discharged in 2021, has said he acted to protect himself and others from Mr Neely, who allegedly shouted “I’m gonna’ kill you”, and said he was “ready to die” or go to jail for life.

Following the arraignment, attorney Steven Raiser predicted that a Manhattan jury would empathise with the experience of confronting erratic subway behavior while “confined underground.” “Danny isn’t the only one on trial," Mr Raiser, who represents Penny, said. "The rights of people to defend one another will be on a trial too.”

Mr Neely's family members and their supporters have said the 30-year-old, who struggled with mental illness and homelessness, was crying out for help and was met with violence.

His father, Andre Zachery, was in attendance for the arraignment on Wednesday.

An attorney for the Neely family, Donte Mills, spoke to the press and described Penny as a vigilante killer who hasn’t taken responsibility for his actions. “Daniel Penny did not have the courage to look Jordan’s father Andre in the eyes,” Mr Mills said.

“But from now on, don’t be shocked when justice happens for Jordan, for you or for anyone.”

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