Marine Veteran Set to Surrender in Jordan Neely NYC Subway Chokehold Death

The Marine veteran who placed a mentally ill homeless man in a fatal chokehold aboard a New York City subway is set to surrender to police and face a judge on Friday.

Daniel Penny, 24, is expected to turn himself in at an NYPD precinct station house in Manhattan’s Chinatown early Friday to face charges in the death of Jordan Neely, the New York Post reported, citing police sources.

Penny will be arrested on a charge of second-degree manslaughter, a spokesperson for Manhattan District Attorney Alvin Bragg announced Thursday.

After being formally arrested and processed, Penny will be brought to court for an initial appearance before a judge.

Penny placed Neely, 30, in a chokehold aboard a subway train traveling through Lower Manhattan along the F line on May 1, according to authorities and partial video of the incident shot by a freelance journalist aboard the train.

Prior to the chokehold, Neely was screaming in an aggressive manner and had thrown his jacket on the floor of the train, the freelancer, Juan Alberto Vazquez, has said.

Video shows Penny restraining Neely by the neck, with two additional subway riders also helping to hold him down.

By the time emergency responders arrived, Neely was unresponsive and could not be revived.

Penny was interviewed by police at the time, but not immediately arrested.

The city medical examiner’s office has deemed Neely’s death a homicide.

The incident touched off protests across New York City, as well as intense scrutiny of New York’s efforts to help homeless people and those suffering from mental illness.

Neely was well-known to both city service workers and police, having battled mental illness on the streets and subways for years.

New York City Mayor Eric Adams has decried Neely’s death and vowed more concrete action to help people like him, while also cautioning against a rush to judgment in the criminal case.

Penny's legal team has said that the veteran never intended to harm Neely and was acting to defend himself and his fellow subway riders.