Daniel Penny, the previous Marine indicted for killing homeless man Jordan Neely throughout a subway confrontation final month, will likely be arraigned in Manhattan Supreme Court on June 28, the borough district lawyer’s workplace mentioned Thursday.
The 24-year-old former infantry squad chief will seem earlier than Judge Maxwell Wiley to reply one cost of second-degree manslaughter and one other cost of criminally negligent murder.
If convicted, he might face a complete of 19 years behind bars.
A grand jury sitting in Manhattan voted yesterday to indict Penny about six weeks after his caught-on-camera altercation with Neely, a troubled former avenue performer with an extended historical past of psychological sickness.
The Manhattan District Attorney’s Office declined to remark additional.
Penny’s attorneys mentioned that though they revered the choice, they have been “totally dedicated” to clearing their shopper’s title.
“We’re assured that when a trial jury is tasked with weighing the proof, they are going to discover Daniel Penny’s actions on that practice have been totally justified,” Steven Raiser, of the legislation agency Raiser & Kenniff, mentioned in a press release.
Penny — who stays free on $100,000 bail — first surrendered himself to cops on May 12, almost two weeks after he laced his arms round Neely’s neck throughout a chaotic confrontation on an F practice in Manhattan.
Eyewitnesses have mentioned Neely — who had had scores of run-ins with New York’s Finest — was threatening different subway riders and throwing trash round throughout a May 1 outburst.
In a collection of movies launched Sunday, Penny mentioned he felt an obligation to step in.
“If [Neely] had carried out his threats, he would have killed anyone,” Penny mentioned.
Penny seized him from behind, obtained him in a chokehold and dropped to the ground as he and two different males tried to restrain the struggling 30-year-old.
Neely died as a result of wrestle, and town health worker later dominated the previous Michael Jackson impersonator’s demise a murder.
Penny mentioned he wasn’t attempting to kill Neely when he grabbed him, however couldn’t stand by whereas Neely went off on his fellow straphangers.
Neely’s household has blamed authorities for letting him slip via the cracks of New York’s floundering psychological well being system.
And they’ve referred to as for Penny to face homicide fees.
So has the Rev. Al Sharpton, who after the indictment referred to as Penny’s actions that day a “clear-cut case of vigilantism that has no place in our society.”
“While [the grand jury] ought to be saluted for this righteous step, we want the cost would have mirrored what this actually was: homicide,” Sharpton mentioned in a press release, including that his National Action Network would “proceed to watch this case to make sure this killer is held accountable and there’s justice for Jordan.”