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Daniel Penny indicted in Jordan Neely subway death as ex-marine’s arraignment set for 28 June

Daniel Penny is accused of placing Jordan Neely in fatal chokehold on subway train in May

Graeme Massie,Oliver O'Connell
Thursday 15 June 2023 21:05 BST
Video: 'I knew I had to act,' Daniel Penny details NYC subway chokehold

A grand jury has voted to indict a 24-year-old former US Marine over the death of 30-year-old homeless New Yorker Jordan Neely who he placed in a fatal chokehold on a Manhattan subway train last month.

Daniel Penny initially faced a charge of second-degree manslaughter when he was arraigned in Manhattan Criminal Court on 12 May. He did not enter a plea and has remained out of custody on a $100,000 bond.

On Wednesday, a grand jury indicted Mr Penny on a second-degree manslaughter charge and criminally negligent homicide charge. The indictment is expected to be unsealed at a later court date. His arraignment is set for 28 June.

Following the news, a legal fund set up to support the 24-year-old soared past $2.8m as conservatives continue to hail Mr Penny as a hero. Meanwhile, Neely’s family welcomed the indictment and thanked AOC and “every peaceful protester and all who still believe wrong actions should have consequences”.

Mr Penny has defended his actions in interviews with Fox News and The New York Post.

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Daniel Penny legal fund soars past $2.8m after grand jury indictment

A legal fund set up to support the 24-year-old former Marine Daniel Penny has topped $2.8m after it emerged that he has been indicted by a grand jury over the death of Jordan Neely.

While many New Yorkers have condemned Mr Penny’s actions and mental health advocates have argued against vigilante-style actions treating mentally ill people as though they are criminals, the former Marine has also received an outpouring of support from right-wing personalities branding him a hero and arguing his actions were pro-public safety.

Now, a legal fund set up on the Christian fundraising site GiveSendGo by Mr Penny’s attorneys at the firm Raiser and Kenniff has pulled in over $2.8m in donations to help cover his legal costs, as of 15 June.

“Daniel Penny is, a twenty-four-year-old college student and decorated Marine veteran, facing a criminal investigation stemming from him protecting individuals on a NYC subway train from an assailant who later died. Funds are being raised to pay Mr. Penny’s legal fees incurred from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense. All contributions are greatly appreciated. Any proceeds collected which exceed those necessary to cover Mr. Penny’s legal defense will be donated to a mental health advocacy program in New York City,” it reads.

Rachel Sharp15 June 2023 10:30
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Jordan Neely, the man killed in a NYC subway chokehold

Skilled Michael Jackson impersonator died after being held in chokehold by member of the public on a train carriage floor, sparking angry protests and mass outrage.

Jordan Neely, the man killed in a NYC subway chokehold

Skilled Michael Jackson impersonator died after being held in chokehold by member of the public on a train carriage floor, sparking angry protests and mass outrage

Graeme Massie15 June 2023 11:00
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WATCH: Al Sharpton delivers the eulogy for Jordan Neely at funeral

Al Sharpton delivers the eulogy for Jordan Neely at funeral
Rachel Sharp15 June 2023 11:30
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How Republicans and right-wing media turned Jordan Neely’s killer into a hero

In his upside-down version of the parable, Florida Governor Ron DeSantis compared the man who fatally choked a homeless New Yorker to the “good Samaritan,” the biblical figure who came to the aid of a man who was stripped, beaten and left for dead on the side of the road.

According to witness accounts, Jordan Neely loudly complained of hunger and thirst when he boarded a Manhattan F train on 1 May, said he did not care whether he was jailed or killed, and threw his jacket to the ground before a man identified as Daniel Penny grabbed him from behind and pinned him to the ground in a chokehold for several minutes.

“We stand with Good Samaritans like Daniel Penny,” Mr DeSantis wrote on Twitter after Mr Penny was formally charged with manslaughter on 12 May. “Take back the streets for law abiding citizens,” he wrote.

Republican elected officials and right-leaning media outlets and personalities have similarly described Mr Penny as a heroic figure, and lambasted the fact that charges were brought against him at all, rejecting the idea that prosecutors or law enforcement should even investigate.

The Independent’s Alex Woodward investigates:

How Republicans and right-wing media turned Jordan Neely’s killer into a hero

From the outset of the media spectacle surrounding the case, right-wing lawmakers and commentators have sought to focus Jordan Neely’s death as a failure of Democratic policy around crime while justifying the actions of the man who fatally choked him, writes Alex Woodward

Rachel Sharp15 June 2023 12:00
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How long does Daniel Penny face in prison?

Daniel Penny is facing up to 15 years in prison over the subway killing of homeless Michael Jackson impersonator Jordan Neely.

On Wednesday, a New York grand jury voted to indict the 24-year-old former US Marine over the death of the 30-year-old who he placed in a fatal chokehold on a Manhattan subway train last month.

The grand jury indictment formally charging Mr Penny with second-degree manslaughter and criminally negligent homicide is expected to be unsealed at a later court date.

If convicted, he could face up to 15 years in state prison on the manslaughter charges. The criminally negligent homicide carries a maximum sentence of four years.

Rachel Sharp15 June 2023 12:30
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Daniel Penny: Everything we know about ex-Marine filmed choking Jordan Neely in fatal subway incident

A subway passenger fatally choked a homeless street performer on the Manhattan F train.

Everything we know about Daniel Penny, filmed fatally choking Jordan Neely

A subway passenger fatally choked a homeless street performer on the Manhattan F train

Graeme Massie15 June 2023 13:00
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WATCH: Shocking moment Fox News’ Greg Gutfeld blames George Floyd for Jordan Neely’s death

Fox News' Greg Gutfeld blames George Floyd for Jordan Neely's death
Rachel Sharp15 June 2023 13:30
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VOICES: People are embracing Daniel Penny. It’s eerily familiar

“Cue the newest hero on the MAGA celebrity circuit: Daniel Penny, the former marine whose golden ticket to infamy was allegedly choking to death 30-year-old Jordan Neely, a Black homeless man with mental health issues on a New York City subway. Penny has been charged with second-degree manslaughter. He happens to be white, and is using self-defense as the excuse for his actions.

“Sound familiar?”

Stephen Lyons writes for The Independent last month:

Rachel Sharp15 June 2023 14:00
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Recap: Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely

The 24-year-old former US Marine was initially charged with second-degree manslaughter last month.

Alex Woodward has the story.

Grand jury votes to indict Daniel Penny in subway killing of Jordan Neely

The 24-year-old former US Marine will face second-degree manslaughter charge

Oliver O'Connell15 June 2023 14:45
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Fundraiser for Daniel Penny tops $2.8m

An online fundraising campaign for Mr Penny’s legal defence was launched on the Christian crowdfunding platform GiveSendGo, a website created in response to GoFundMe removing far-right campaigns that violated its terms of service.

The fundraiser reached more than $2m within days of its launch, including roughly $600,000 on the day Mr Penny was charged alone.As of 14 June, following news of a grand jury indictment, the fundraiser has reached more than $2.8m.

Several donors – including Kid Rock, far-right streamer Tim Pool, and Republican presidential candidate Vivek Ramaswamy – have contributed huge sums to Mr Penny’s fund, which is run by his attorneys. Mr Ramaswamy donated $10,000.

“Penny is the Subway Good Samaritan and we are lucky to have brave souls like him who are willing to do the right thing,” said Mr Pool, who confirmed his $20,000 donation on 15 May.

“Thank you for protecting the citizens that day,” wrote another donor who contributed $10,000.

“Mr Penny is a hero. Alvin Bragg is a POS,” Kid Rock wrote in a message with his $5,000 donation.

(EPA/Getty)
Oliver O'Connell15 June 2023 15:30

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