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When I wrote about this story last week I suggested that the Marine veteran who put Jordan Neely in a chokehold that resulted in his death might wind up being charged with second-degree manslaughter. Today we’re learning that’s exactly what is going to happen.
Daniel Penny, the 24-year-old Marine veteran who choked and killed a homeless man on the subway last week, is expected to be arrested on a second-degree manslaughter charge and to appear in Manhattan Criminal Court on Friday.
The Manhattan district attorney’s office confirmed Mr. Penny’s expected arrest on the charge in a statement.
“We can confirm that Daniel Penny will be arrested on a charge of manslaughter in the second degree. We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow,” the statement said.
Second-degree manslaughter doesn’t require that the person’s death be intentional, only that it was the result of behavior that was reckless. As I said before, I don’t think this case is going to be a slam dunk for prosecutors. The jury, or at least someone on the jury, may feel that Daniel Penny was acting in defense of other people on the train.
Jordan Neely has mostly been portrayed as a harmless Michael Jackson impersonator in the media but he also had a history of violence.
USA Today referred to the deceased Mr. Neely as a “beloved subway performer” who hailed from “a whole family of musicians.
