NEW YORK (1010 WINS) — The Manhattan District Attorney’s Office intends to file charges against Daniel Penny for the chokehold killing of Jordan Neely on a Manhattan subway car last week, NBC New York reported Thursday.
The outlet cited two anonymous sources claiming charges could be filed as soon as Friday, though the exact offenses are not yet known.
The Manhattan District Attorney's Office and the NYPD have not yet responded to 1010 WINS' request to confirm whether charges are being filed.
On May 1, Penny, a 24-year-old marine veteran, was filmed holding Neely, a 30-year-old homeless man who was acting erratically, in a chokehold until he lost consciousness. New York medical examiners confirmed that Neely died from compression of the neck and deemed his death a homicide two days later.
Neely was yelling at riders that he didn't have any food when he was attacked, but he had not assaulted anyone, according to witnesses.
Police initially arrested Penny, but released him without filing any charges.
In a statement released by his lawyers, Penny claimed he was acting in self defense.
Neely’s family and hundreds of New Yorkers who have taken to the street in protest have demanded Penny faces charges for the killing.
Mayor Eric Adams addressed Neely’s death for the first time on Wednesday, saying “Jordan Neely did not deserve to die," but stopping short of blaming Penny for the killing.
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