06 May 2023

Daniel Penny: a 24-year-old U.S. Marine veteran from Long Island, who is between deployments

Daniel Penny lawyers say Marine veteran acted in self-defense; ‘never intended to harm’ Jordan Neely in Manhattan subway train chokehold

Daniel Penny, whose chokehold killed Jordan Neely as he threatened and menaced subway passengers on an F train, issued a statement through his lawyers Friday suggesting he acted in self defense.

“When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived,” said the statement from his lawyers.

“Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death.”

The ME’s office has ruled Neely’s death a homicide, but no charges have been filed.

The statement called Neely’s death on Monday a “tragic incident.”

Video footage shows former U.S. Marine Daniel Penny putting Jordan Neely in a chokehold while aboard a New York City subway, as it pulls into the Broadway-Lafayette St. station in Manhattan on Monday, May 1, 2023.

A key issue in the ongoing debate that has divided New Yorkers and touched off political shock waves is Neely’s behavior on the train and his criminal record. Neely was arrested 42 times in the last 10 years, most recently in November 2021 for slugging a 67-year-old female stranger in the face as she exited a subway station. He has a history of mental illness.

The statement from Penny’s lawyers addressed the mental illness issue.

“For too long, those suffering from mental illness have been treated with indifference,” the statement said. “We 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.”

Penny, 24, was taken into custody for questioning after the deadly scuffle, but was released. An investigation is continuing, led by Assistant District Attorney Joshua Steinglass, a 25-year Manhattan district attorney’s office veteran.

The statement was the first comment about Neely’s death on behalf of Penny.

The Marine veteran is represented by the law firm Raiser & Keniff, which is based in Mineola, L.I. One of its partners, Thomas Kenniff, emerged as a harsh critic of Manhattan District Attorney Alvin Bragg during his 2021 campaign against the prosecutor.

Jordan Neely of Manhattan is pictured while performing as Michael Jackson at the 59th. St. subway station in 2011.

Penny, a former Marine squad leader and surfing enthusiast, describes himself in an online profile as “adventurous, charismatic” and “authentic.”

“Growing up here in New York, I have always been inspired by the ambition and grit,” Penny wrote in the profile.

“After high school and unsure of my future, I enlisted in the Marine Corps in search of adventure. While serving as squad leader on two deployments, I began to realize what I was passionate about. I loved helping, communicating, and connecting to different people from all over the world.”

On On Harri, a recruitment tool for the restaurant industry, Penny discusses his bartending aspirations with an accompanying photo that shows him carrying a surfboard.

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On the day of the subway clash, Penny was wearing a sweatshirt from a Long Island surf shop and a hat with the logo of an Australian surf brand.

“After the military I enrolled in college but felt completely unfulfilled,” Penny wrote. ”I decided to drop out of school and backpack throughout Central America. This decision was inspired by the novel Don Quixote; Don Quixote so inspired by adventure, he leaves his ‘normal” life to pursue his dreams despite being called a madman. During the travels I rediscovered my love for interacting and connecting with people.”

Video footage shows former U.S. Marine Daniel Penny next to Jordan Neely after putting him in a chokehold while aboard a New York City subway, as it pulls into the Broadway-Lafayette St. station in Manhattan on Monday, May 1, 2023.

He goes on to share his dreams about interacting with New York’s most “eccentric” characters.

“I believe that bartending in Manhattan, the place I’ve always referred to as the center of the world, would be an extremely fulfilling position,” Penny wrote. “Being able to serve and connect with the most interesting and eccentric the world has to offer, is what I believe I am meant to do.”

According to Penny’s LinkedIn profile, the Long Island native joined the Marines in 2017 after graduating from West Islip High School, where photos and videos of him show playing on his high school lacrosse team.

He served in the corps for four years starting in 2017, rising to the rank of sergeant. During his tour of duty, he received accolades including medals for good conduct, humanitarian and national defense service and service in the global war on terrorism. He served as a rifleman in the Mediterranean and his last assignment was at Camp Lejeune, N.C., Marine Corps officials said.

“I’m kind of surprised,” said a former West Islip classmate who did not feel comfortable using his name. “If I had to make a list of people from high school who would have killed someone he would not be on the list.”


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Marine who put Jordan Neely in chokehold on NYC subway identified as Daniel Penny

The Marine who fatally choked Jordan Neely on an NYC subway this week is 24-year-old Daniel Penny, The Post has confirmed.

Penny — who has not been criminally charged — was captured on camera putting Neely, a 30-year-old homeless man, in a chokehold on the F train just before 2:30 p.m. Monday at a Lower Manhattan subway stop.

The Queens man, whose name started to circulate on Twitter overnight, served as an infantry squad leader and an instructor in water survival while in the Marines Corps from 2017 to 2021, according to his online resume. Penny graduated from high school in West Islip, NY.

Daniel Penny was identified as the Marine who put Neely in a chokehold.
Daniel Penny was identified as the Marine who put Neely in a chokehold.
A subway passenger choked homeless man Jordan Neely to death on the F train in Manhattan on May 1, 2023.
Penny has been identified as the subway passenger who choked homeless man Jordan Neely to death on the F train in Manhattan on May 1, 2023.
Juan Vazquez
Neely suffered from extensive mental health issues, according to his family members.
Neely suffered from extensive mental health issues, according to his family members.
Provided by Carolyn Neely

He was deployed twice, the profile says.

Police officials have said Penny is still on active duty and in good standing with the Marine Corps.

The surf enthusiast last worked in customer service at a Sweetwater Surf shop until May last year.

First responders attempting to revive Neely at the Broadway-Lafayette station in Manhattan.
First responders attempting to revive Neely at the Broadway-Lafayette station in Manhattan.
Paul Martinka for NY Post

He briefly enrolled in college following his tours with the Marines, but dropped out and backpacked in Central America, his profile says.

In Monday’s fatal encounter, Neely had been acting erratic on the subway, threatening riders and throwing garbage while asking riders for food.

What we know about NYC subway choking victim Jordan Neely

Who is Neely?

Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. on May 1, according to police.

He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as a 24-year-old Marine from Queens.

The Marine, who was seen on video applying the chokehold, was taken into custody and later released but the DA is mulling charges, which could include involuntary manslaughter, according to experts.

Why is there fallout over Neely’s death?

The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).” This will be weighed during the investigation into whether charges will be brought for Neely’s death.

Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic while suffering from PTSD and depression.

“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.

Law enforcement sources said Neely had “numerous” arrests on his record, including for drugs, disorderly conduct, and fare beating.

At the time of his death, Neely had a warrant out for his arrest for a November 2021 case in which he was accused of assaulting a 67-year-old woman in the East Village, the sources said.

Mayor Eric Adams has said it’s important for the DA to complete the investigation into Neely’s death and not rush to conclusions.

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At one point, he yelled he was “fed up” and “I don’t care if I go to jail, and if they give me life in prison,” according to police and witnesses.

The Marine then stepped in and put Neely in a headlock for minutes before he fell unconscious.

When EMS arrived, they could not revive Neely and he was pronounced dead.

Penny has not been criminally charged as of yet.
Penny has not been criminally charged as of yet.
AllTrails / Daniel Penny
Police said they are waiting for the autopsy to come back before considering criminal charges.
Police said they are waiting for the autopsy to come back before considering criminal charges.
AllTrails / Daniel Penny
Neely receiving medical attention before dying on the subway.
In Monday’s fatal encounter, Neely had been acting erratic on the subway, threatening riders and throwing garbage while asking riders for food.
Paul Martinka for NY Post
The city medical examiner ruled Wednesday that Neely’s death was a homicide by compression of the neck.
The city medical examiner ruled Wednesday that Neely’s death was a homicide by compression of the neck.
Provided by Carolyn Neely

Penny was briefly taken into custody but later released without charges, with police saying they were waiting for the autopsy to come back before considering criminal charges.

The city medical examiner ruled Wednesday that Neely’s death was a homicide by compression of the neck.

The Manhattan District Attorney’s Office said following the release it was conducting a “rigorous” investigation that was being handled by “senior, experienced prosecutors” as to whether to charge Penny in the fatal chokehold.

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