Daniel Penny pleads not guilty

Former US Marine Daniel Penny (C) arrives at Manhattan criminal court for his arraignment on manslaughter charges in connection with the chokehold death of Jordan Neely, in New York, June 28, 2023. (Photo by Yuki IWAMURA / AFP) (Photo by YUKI IWAMURA/AFP via Getty Images)
Former US Marine Daniel Penny (C) arrives at Manhattan criminal court for his arraignment on manslaughter charges in connection with the chokehold death of Jordan Neely, in New York, June 28, 2023. (Photo by YUKI IWAMURA/AFP via Getty Images)

OAN’s Roy Francis
9:31 AM – Wednesday, June 28, 2023

United States Marine veteran Daniel Penny pleaded not guilty at his arraignment on Wednesday.

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Penny was charged with second-degree manslaughter and criminally negligent homicide for the death of Jordan Neely.

Neely, a 30-year-old homeless man with a lengthy criminal history, which includes assaults on subway riders, and a history of mental illness, had been threatening passengers on the F train in New York City in May.

Penny had restrained Neely, placing him in a chokehold with the help of other passengers. The incident led to the death of Neely.

Manhattan District Attorney said that Penny stands “indicted for Manslaughter” and that he hopes “Neely’s loved ones are the path towards healing.”

“Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving,” Bragg said in a statement. “I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss.”

Penny, who was on his way to the gym that afternoon, said that he did what he felt he had to do out of self-defense and the defense of others on the train. He said that he believed Neely would have “killed somebody” if he had carried out his threats.

“If [Neely] had carried out his threats, he would have killed somebody,” he told Fox News Digital. “I was scared, I looked around, and I saw older women and children, and they were terrified.”

Other passengers on the train reported that Neely was being erratic and threatening passengers on the train.

“I don’t care if I have to kill an F, I will,” Neely ranted, according to witnesses. “I’ll go to jail, I’ll take a bullet.”

Police had questioned and released the marine veteran after the incident and did not arrest him until May 12th.

Penny faces 19 years in prison if he is convicted on both charges of second-degree manslaughter and criminally negligent homicide.

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