NYC Subway Headlock: Marine Claims Self-Defense

U.S. Marine Veteran Identified as Man Involved in Fatal Subway Incident

Lawyers Claim Self-Defense

The man who put Jordan Neely in a fatal chokehold on a New York City subway has been identified as Daniel Penny, a U.S. Marine veteran. Penny’s criminal defense attorneys issued a statement expressing condolences to Neely’s relatives and claiming that Penny and other passengers were acting in self-defense. According to the lawyers, Neely had been “aggressively threatening” their client and other passengers on an F train in Lower Manhattan Monday afternoon. They noted that Penny and others “acted to protect themselves, until help arrived.”

• Penny never intended to harm Mr. Neely and could not have foreseen his untimely death.
• Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness.
• The Manhattan District Attorney’s Office is currently investigating the incident.

Lengthy Rap Sheet

Neely, a 30-year-old homeless man, had a lengthy criminal record including more than 40 prior arrests ranging from disorderly conduct to assault and an active warrant out for his arrest from a felony assault. Most recently, he was charged with assaulting a 67-year-old woman leaving a subway station. After pleading guilty, he missed a court date, leading to the warrant for his arrest that was still active at the time of his death.

Hope for Change

Penny’s lawyers blamed elected officials for turning a blind eye to mental illness in the state and expressed hope that “out of this awful tragedy will come a new commitment by our elected officials to address the mental health crisis on our streets and subways.”

Possible Legal Action

If a case does go forward, an argument of self-defense would likely brush up against a “tricky” legal requirement, according to legal experts. The Manhattan District Attorney may choose to bring the case before a grand jury, and a charge of second-degree manslaughter or criminally negligent homicide is most likely. However, some experts believe that given the apparent fear among riders in response to Neely’s behavior, charges may not be filed at all.

Regardless of the legal outcome, this tragic incident highlights the need for better mental health resources and support for those experiencing homelessness.

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