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| Daniel Penny pleads not guilty in NY subway chokehold death of Jordan Neely | Daniel Penny pleads not guilty in NY subway chokehold death of Jordan Neely |
| (about 2 hours later) | |
| Daniel Penny arrives in court on Wednesday | Daniel Penny arrives in court on Wednesday |
| A former US Marine who placed a homeless man in a fatal chokehold on a New York City subway train has pleaded not guilty to criminal charges. | A former US Marine who placed a homeless man in a fatal chokehold on a New York City subway train has pleaded not guilty to criminal charges. |
| Daniel Penny, 24, was indicted in court on Wednesday on counts of second-degree manslaughter and negligent homicide. | Daniel Penny, 24, was indicted in court on Wednesday on counts of second-degree manslaughter and negligent homicide. |
| Witnesses said Jordan Neely, 30, was shouting at other subway passengers and asking for money when Mr Penny pinned him down for several minutes on 1 May. | Witnesses said Jordan Neely, 30, was shouting at other subway passengers and asking for money when Mr Penny pinned him down for several minutes on 1 May. |
| Video of the confrontation sparked protests and counter-demonstrations. | Video of the confrontation sparked protests and counter-demonstrations. |
| Mr Penny faces up to 15 years in prison if convicted of the manslaughter charge. He was arrested on 12 May and released on $100,000 (£80,000) in bail. | Mr Penny faces up to 15 years in prison if convicted of the manslaughter charge. He was arrested on 12 May and released on $100,000 (£80,000) in bail. |
| What happened to Jordan Neely? Who is Daniel Penny? | What happened to Jordan Neely? Who is Daniel Penny? |
| He has said he was acting in self-defence in the incident on a northbound F train subway car in Manhattan. | |
| Witnesses said Mr Neely was shouting about how he was hungry and willing to return to jail or die. There is no indication he physically attacked anyone. | |
| The incident was filmed by bystanders, and a video captured by a freelance journalist on the train shows Mr Penny holding Mr Neely around the neck for two minutes and 55 seconds. | The incident was filmed by bystanders, and a video captured by a freelance journalist on the train shows Mr Penny holding Mr Neely around the neck for two minutes and 55 seconds. |
| He continued to restrain Mr Neely, including after he stopped moving, say prosecutors. | He continued to restrain Mr Neely, including after he stopped moving, say prosecutors. |
| Emergency responders tried to resuscitate him, and he was taken to hospital, where he was pronounced dead. | Emergency responders tried to resuscitate him, and he was taken to hospital, where he was pronounced dead. |
| The city medical examiner said his death resulted from compression of the neck and ruled it a homicide. | The city medical examiner said his death resulted from compression of the neck and ruled it a homicide. |
| Jordan Neely's death sparked protests in New York City | Jordan Neely's death sparked protests in New York City |
| In a statement on Wednesday, Manhattan District Attorney Alvin Bragg said he hopes the Neely family is "on the path towards healing as they continue to mourn this tragic loss". | In a statement on Wednesday, Manhattan District Attorney Alvin Bragg said he hopes the Neely family is "on the path towards healing as they continue to mourn this tragic loss". |
| Mr Penny did not address reporters as he entered the Manhattan court for Wednesday's brief hearing. | Mr Penny did not address reporters as he entered the Manhattan court for Wednesday's brief hearing. |
| Earlier this month, Mr Penny addressed the incident on social media and said he did not intend to kill Mr Neely. | Earlier this month, Mr Penny addressed the incident on social media and said he did not intend to kill Mr Neely. |
| "I was scared for myself but I looked around there were women and children, he was yelling in their faces saying these threats. I just couldn't sit still," he said. | "I was scared for myself but I looked around there were women and children, he was yelling in their faces saying these threats. I just couldn't sit still," he said. |
| Supporters of Daniel Penny rallied in New York City last month | Supporters of Daniel Penny rallied in New York City last month |
| Outside court, attorneys for Mr Penny expressed confidence he will ultimately be found not guilty. | Outside court, attorneys for Mr Penny expressed confidence he will ultimately be found not guilty. |
| "There is not a living, breathing soul in Manhattan that has not experienced a variation of what not only Mr Penny but other individuals experienced on that subway car," lawyer Thomas Keniff said. | "There is not a living, breathing soul in Manhattan that has not experienced a variation of what not only Mr Penny but other individuals experienced on that subway car," lawyer Thomas Keniff said. |
| The defendant was ordered to return to court on 25 October for a pre-trial hearing. | The defendant was ordered to return to court on 25 October for a pre-trial hearing. |
| A self-defence argument was the most logical way for Mr Penny to proceed, attorneys told the BBC. | A self-defence argument was the most logical way for Mr Penny to proceed, attorneys told the BBC. |
| The case is "dependent on whether or not there was an imminent harm posed to himself or others, and whether or not his conduct was excessive", said Dmitriy Shakhnevich, a criminal defence attorney and professor at John Jay Law School. | The case is "dependent on whether or not there was an imminent harm posed to himself or others, and whether or not his conduct was excessive", said Dmitriy Shakhnevich, a criminal defence attorney and professor at John Jay Law School. |
| "That's really it," he said. "There's nothing else in this case." | "That's really it," he said. "There's nothing else in this case." |
| That standard would be quite high, said Lance Fletcher, a former prosecutor who now works as a New York defence attorney. | That standard would be quite high, said Lance Fletcher, a former prosecutor who now works as a New York defence attorney. |
| "They have to say, he killed this guy and it wasn't justified, and no reasonable person would think it was justified," Mr Fletcher said. "And that's going to be tough." | "They have to say, he killed this guy and it wasn't justified, and no reasonable person would think it was justified," Mr Fletcher said. "And that's going to be tough." |
| Perception "has a huge impact on the case", said Mr Fletcher, "since this case is all about justification". | Perception "has a huge impact on the case", said Mr Fletcher, "since this case is all about justification". |
| Mr Neely was a Michael Jackson impersonator who frequently performed in Times Square. | Mr Neely was a Michael Jackson impersonator who frequently performed in Times Square. |
| He had 42 arrests on charges such as evading fares, theft and assaults on three women, according to US media reports. | He had 42 arrests on charges such as evading fares, theft and assaults on three women, according to US media reports. |
| Mr Neely began experiencing mental health issues after his mother's murder by her boyfriend in 2007, his aunt, Carolyn Neely, told the New York Post last month. | Mr Neely began experiencing mental health issues after his mother's murder by her boyfriend in 2007, his aunt, Carolyn Neely, told the New York Post last month. |
| New York Mayor Eric Adams has said Mr Neely's previous offences highlight the need to improve the city's mental health system. | New York Mayor Eric Adams has said Mr Neely's previous offences highlight the need to improve the city's mental health system. |
| The case has become politically charged with conservatives - including Florida Governor and presidential hopeful Ron DeSantis - praising Mr Penny as a hero. | The case has become politically charged with conservatives - including Florida Governor and presidential hopeful Ron DeSantis - praising Mr Penny as a hero. |
| His detractors, such as US civil rights leader Reverend Al Sharpton, have characterised Mr Penny as a vigilante in the mould of Bernard Goetz, a white man who shot dead four black men on a New York subway in 1984. | His detractors, such as US civil rights leader Reverend Al Sharpton, have characterised Mr Penny as a vigilante in the mould of Bernard Goetz, a white man who shot dead four black men on a New York subway in 1984. |
| Mr Penny's supporters have raised nearly $3m (£2.37m) for his legal defence. | Mr Penny's supporters have raised nearly $3m (£2.37m) for his legal defence. |
| But Neely family attorney Donte Mills said on Wednesday: "For everyone who thought donating $3 million would somehow make this go away or buy his pass: It's not going to happen. You can ask for a refund." | But Neely family attorney Donte Mills said on Wednesday: "For everyone who thought donating $3 million would somehow make this go away or buy his pass: It's not going to happen. You can ask for a refund." |
| Related Topics | Related Topics |
| New York City | New York City |
| United States | United States |