NEW YORK — A person charged with manslaughter for placing an agitated New York Metropolis subway rider in a deadly chokehold has been indicted by a grand jury, an anticipated procedural step that can enable the felony case to proceed.
Daniel Penny was charged by Manhattan prosecutors final month within the Could 1 loss of life of Jordan Neely, a former Michael Jackson impersonator who struggled in recent times with homelessness and psychological sickness.
Grand jury proceedings are secret and spokespeople for Manhattan District Legal professional Alvin Bragg declined to remark Wednesday, however the indictment was confirmed by New York Metropolis Mayor Eric Adams.
“I admire DA Bragg conducting an intensive investigation into the loss of life of Jordan Neely. Like I mentioned when the DA first introduced expenses, I’ve the utmost religion within the judicial course of, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can transfer ahead,” Adams mentioned in an announcement.
Neely was shouting at passengers and begging for cash when Penny pinned him to the ground of the shifting subway automobile with the assistance of two different riders. Penny, a former U.S. Marine, then held Neely in a chokehold that lasted greater than three minutes.
Penny has mentioned he was defending himself and different passengers, claiming Neely shouted “I’m gonna’ kill you” and that he was “able to die” or go to jail for all times.
A contract journalist who recorded Neely struggling to free himself, then lapsing into unconsciousness, mentioned he was performing aggressively and scary folks however hadn’t assaulted anybody. Neely was Black. Penny is white.
Penny’s attorneys, Steven Raiser and Thomas Kenniff, mentioned in an announcement that Neely had not supposed to kill Neely, simply maintain him till police arrived.
“Whereas we respect the choice of the grand jury to maneuver this case ahead to trial, it must be famous that the usual of proof in a grand jury could be very low and there was no discovering of wrongdoing. We’re assured that when a trial jury is tasked with weighing the proof, they may discover Daniel Penny’s actions on that practice have been absolutely justified,” Raiser mentioned.
Neely’s loss of life prompted protests by many who noticed it for example of racial injustice, however some folks have rallied round Penny, together with a number of of the Republican candidates for president. A fund set as much as pay for Penny’s authorized protection has raised greater than $2.8 million, in response to his attorneys.
Penny, 24, was launched on $100,000 bond following his Could 12 arraignment. He might want to return to courtroom to be arraigned on the brand new indictment.
Underneath New York regulation, prosecutors wanted a grand jury indictment to maneuver ahead with the case.
If convicted, Penny may face years in jail.
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