2023-05-06 03:32:59
NEW YORK — Lawyers for the 24-year-old man at the center of the strangulation death of Jordan Neely on a Manhattan subway train said their client “never intended to harm” the 30-year-old homeless man, and ” might not have foreseen his untimely death.” death.”
In initial comments identifying Daniel Penny as the man seen on video strangling Neely at the Broadway-Lafayette station Monday followingnoon, attorneys for the firm of Raiser and Kenniff said their client was “involved in a tragic accident ” in the subway.
“We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely,” the statement issued Friday night began. “Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness.”
The statement went on to address what led up to the fatal strangulation in which Penny, who lawyers say is a college student and Navy veteran, was accused of putting Neely in a chokehold.
“When Mr. Neely began to aggressively threaten Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect himself, until help arrived,” the attorneys’ statement read. “For too long, those with mental illness have been treated with indifference. We hope that out of this terrible tragedy will come a new commitment from our elected officials to address the mental health crisis on our streets and subways.”
Penny, who has not returned multiple calls and emails from our sister network NBC New York in an effort to reach him, lives in Queens and is originally from West Islip on Long Island, according to multiple law enforcement officials. His attorney, Thomas Kenniff, also did not respond to requests for comment.
Penny is a former Marine who served from 2017 to 2021, according to his military record. She achieved the rank of sergeant and received numerous awards and medals during her tenure in the Marine Corps.
The Marine Corps said they were “aware of the incident and will cooperate with agencies investigating this incident if asked,” but clarified that they were not confirming Penny was the person involved. They would only confirm that a person by the name of Daniel Penny served in the Marine Corps.
The fact that Penny served in the Marine Corps might hurt a self-defense claim, according to a former New York City prosecutor. Navy recruits are routinely taught how to execute and defend once morest chokeholds, which can render someone unconscious in as little as eight seconds, according to a 2020 revised military manual.
Penny was identified by her attorney following news broke that a Manhattan grand jury will hear the case to determine whether to file criminal charges once morest the 24-year-old accused of killing him this week, two sources familiar with the matter told NBC 4.
It was not immediately clear Friday when those details would be presented to the grand jury. The news comes amid mounting pressure on the district attorney’s office to press charges in the case, sparking debate over whether the cyclist who allegedly knocked him down acted in defense of disorder or criminally.
Neely, a homeless man, had been threatening passengers aboard a train at the Broadway-Lafayette station Monday followingnoon, according to the New York Police. It is said that Penny intervened and put Neely in a headlock. He was questioned by the New York Police and later released. The medical examiner’s office later ruled the case a homicide.
No charges have been filed in the case at this time. Police and prosecutors say they are still working to determine what happened before Neely died. A senior prosecutor was said to be looking into the matter, and Gov. Kathy Hochul said a day ago that she was pleased the district attorney’s office was looking into the case.
Amid the ongoing investigation, the case has prompted calls for Penny, initially hailed as a Good Samaritan for intervening, to be arrested in the death of Neely, who suffered from mental health issues. A GoFundMe set up by an aunt to pay for funeral expenses raised more than $36,000 as of Friday morning, less than 24 hours following it was posted.
Rafael Pujols with the details.
Neely’s family has retained legal representation with Mills & Edwards LLP.
“I took this case because 15 minutes is too long without help, without intervention and without air. Passengers are not supposed to die on the floor of our subway trains,” attorney Lennon Edward said in a statement. “We understand that our current times have created a heightened sense of fear (sometimes reasonable, sometimes not). However, there must be a clear line of when deadly force can be used by anyone, including civilians.”
Attorney Donte Mills, who also represents the Neely family, said Penny crossed the line in this case.
“There are people who die from ringing the wrong bell, entering the wrong entrance and screaming in despair on the subway. We can’t let that continue,” Mills said. “Mr. Neely suffered from mental illness that began at the age of 14 when he experienced the brutal murder of his mother. It is a tragedy for all of us to learn that Jordan Neely’s life was also cut short. Mills & Edwards is committed to holding accountable the MTA and Neely’s Killer”.
In the absence of a video showing what might have precipitated the attack, many reserved their opinion.
Mayor Eric Adams said earlier in the week there were too many unknowns to judge the bicyclist’s behavior at this point and he echoed those sentiments Thursday, saying he has “a responsibility for this whole city and I have faith in the justice system.” criminal, and I’m going to let the process take place.”
Janno Lieber, head of the MTA, weighed in for the first time on Friday, saying he would wait for prosecutors to do their job.
“But we are going to renew our efforts to make sure that people understand that when they are together on the subway, there are going to be challenges, when they are together in public space there are going to be challenges, but we have to find a way to de-escalate,” he said. the CEO.
Meanwhile, the NYPD is asking for the public’s help with its investigation.
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