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NYC Marine veteran Daniel Penny was arraigned Friday in Manhattan Criminal Court for the death of Jordan Neely, who prosecutors say was "making
threats and scaring people" on the subway.

"Several witnesses observed Mr. Neely making threats and scaring
passengers," said Assistant District Attorney Joshua Steinglass, as Penny,
24, stood silently, wearing a suit with his wrists cuffed behind his back.

"The defendant approached Mr. Neely from behind and placed him in a
chokehold, taking him down to the ground," the prosecutor said at Penny's arraignment on one count of second-degree manslaughter.

Steinglass, who prosecuted Allen Weisselberg and the Trump Organization,
said that after Neely went limp, Penny "continued to hold" him during the
May 1 altercation on the northbound F train.

NYC MAYOR ERIC ADAMS SAYS ‘JORDAN NEELY DID NOT DESERVE TO DIE’

The Marine veteran was cooperative with police and the Manhattan District Attorney's Office from the outset, the prosecutor said.

Penny's attorney, Thomas Kenniff, argued that the young man acted to
protect himself and other passengers who were being threatened.

MARINE VETERAN IN NYC SUBWAY CHOKEHOLD DEATH FACES TOUGH LEGAL ROAD,
EXPERTS SAY

Penny served four years in the Marines before he was honorably discharged
and has been a "pillar of the community," Kenniff told Judge Kevin
McGrath.

The young man is one week shy of graduating from college and has lived in
the New York City area his entire life, the lawyer noted.

McGrath ordered Penny's release on a $100,000 bond signed off by
prosecutors and secured by bondsman Ira Judelson.

Penny faces a maximum of five-to-15 years in prison if convicted. He
turned himself in to police early Friday.

JORDAN NEELY'S FAMILY BLASTS MARINE VET'S LACK OF REMORSE AFTER NYC SUBWAY CHOKEHOLD DEATH

Meanwhile, a 66-year-old woman who witnessed the altercation told The New
York Post she was praying for Penny.

Neely, a 30-year-old homeless man suffering from mental illness, was "threatening passengers," she said.

JORDAN NEELY HAD HISTORY OF ATTACKS ON SUBWAY RIDERS BEFORE NYC CHOKEHOLD
DEATH

"He said, ‘I don’t care. I’ll take a bullet, I’ll go to jail’ because he
would kill people on the train," the woman said of Neely. "He said, ‘I
would kill a motherf—er. I don’t care. I’ll take a bullet. I’ll go to
jail.’"

Penny didn't step in until Neely's behavior got out of hand, the retiree
said. She thanked the young man afterward for protecting the passengers.

According to freelance journalist Alberto Vazquez, who recorded the confrontation, Neely was yelling at riders.

"He started screaming in an aggressive manner," Vazquez told The New York
Post. "He said he had no food, he had no drink, that he was tired and
doesn’t care if he goes to jail. He started screaming all these things,
took off his jacket, a black jacket that he had, and threw it on the
ground."

The city's medical examiner ruled the killing a homicide caused by
compression of the neck.

A campaign on Christian crowdfunding website GiveSendGo to pay for Penny's legal defense has raised more than $383,000.

<https://www.givesendgo.com/daniel_penny>

Mayor Eric Adams said at a press conference Thursday that "Jordan Neely
did not deserve to die."

The caught-on-video killing has highlighted grave public safety issues in
the city's subways and sparked widespread protests. The killing has
divided New Yorkers, with many calling Penny a "hero" as others denounce
him as a "murderer."

911 TIMELINE MOMENTS BEFORE MARINE VET PUT JORDAN NEELY IN CHOKEHOLD ON
NYC SUBWAY

Outreach workers were so familiar with Neely that he was on the city's
"Top 50" list – an internal roster kept by the Department of Homeless
Services of people most in need of help, the local paper reported.

Neely had a history of violent attacks on subway riders – including, in
2021, punching a 67-year-old woman in the face, breaking her nose and
orbital bone, court records obtained by Fox News Digital show.

Four months earlier, he allegedly slugged another woman in the face on the subway platform, the records reveal.

In 2019, he allegedly sucker-punched two men in the face on different
subway platforms one month apart, breaking one victim's nose, according to
the documents.

The man had more than three dozen arrests – including for exposing himself
to a woman on a subway platform in 2021 and harassing a subway rider in
2020.

Jasmine Baehr contributed to this report.

CLICK HERE TO GET THE FOX NEWS APP

Rebecca Rosenberg is a veteran journalist and book author with a focus on
crime and criminal justice. Email tips to rebecca.rosenberg@fox.com and @ReRosenberg.

Comments:

outofsorts
2 days ago

As a Veteran, I'm incensed with the accusation the marine is a trained
killer. He is a trained defender and proved it that day. Should not be
detained or forced to pay bail. His actions were in self defense. Release
the full video of the altercation. Neely had a long history of assault.
The outcome for him was predictable.

210s
2 days ago

Yea but charging a decorated Marine for stopping a dangerous threat to the public is a good way to increase frustrations and further aggravate law
abiding citizens and boost confidence in the criminal element. It's not
hard to see what the MSM and the court system is up to,

VietCombatVet
2 days ago

We are trained to kill our enemies so what? generations of soldiers are
trained to do so. We are not trained to negotiate He was trying to stop
the out of control man who should have been treated elsewhere. Tragic but
not murder or manslaughter

Fundraiser link: <https://www.givesendgo.com/daniel_penny>

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