Subway Vigilante Who Choked Jordan Neely Arrested on Manslaughter Charge
Daniel Penny maintains he “never intended to harm” Neely—despite putting him in a chokehold for more than three minutes.

Juan Alberto Vazquez/Reuters
Daniel Penny, the man captured on video choking Jordan Neely to death on a New York City subway on May 1, was arrested on a charge of second-degree manslaughter on Friday morning.
Penny, 24, surrendered in the city’s 5th Precinct the day after the Manhattan District Attorney’s Office confirmed that it planned to bring a criminal case over 30-year-old Neely’s killing.
The horrifying incident was recorded by onlookers on an F train in Manhattan. Through his lawyers, Penny alleges that he acted to protect himself and others after Neely “began aggressively threatening” him.
Penny’s attorney said outside the precinct Friday that his client had “voluntarily” surrendered to authorities and that he expected arraignment to take place on Friday afternoon. Penny could face a sentence of up to 15 years if convicted.
ADVERTISEMENT
Viral footage of the incident leading to Neely’s death shows him already being subdued by Penny, a former U.S. Marine. The clip spans three minutes, with Neely squarely in Penny’s grasp throughout.

Protests erupted around New York City to protest the death of Jordan Neely.
Eduardo Muñoz/Reuters
Penny’s lawyers previously said in a statement he “never intended to harm Mr. Neely and could not have foreseen his untimely death.” The statement also made note of Neely’s “documented history of violent and erratic behavior” that stemmed from mental health issues.
Get the best of The Beast delivered right to your inbox
By clicking “SUBSCRIBE” you agree to our Terms of Use and Privacy Policy.
Neely’s family took issue with Penny’s statement, responding with one of their own—also through attorneys.
“The truth is, he knew nothing about Jordan’s history when he intentionally wrapped his arms around Jordan’s neck, and squeezed and kept squeezing,” the Neely family statement said.
Neely was homeless at the time of his death, which the medical examiner ruled a homicide. Records show he was arrested for past incidents on the subway, but the nature of those arrests is unclear.
Loved ones of Neely described him as sweet and loving, with a hobby of impersonating Michael Jackson. His family acknowledged that Neely struggled with mental health issues since his mother was murdered when he was a kid.
Register below to read this article for free or subscribe
to unlock unlimited access to The Daily Beast.
Monthly
$1
First month then $5.99/month
Annual
$35
First year then $59.99/year
Premium
$79
First year then $119.99/year
*Substack access provided by the next business day, using your subscription email. Choosing the Premium plan constitutes your permission to share your subscription email with Substack and your agreement to Substack’s Privacy Policy.
Already have an account? Sign In
Looks like you already have a subscription!
You're all set!
Thanks for subscribing.

