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Daniel Penney turned himself in to the New York City Police Department on Friday to face criminal charges in connection with the strangulation death of Jordan Neely on a subway train.
Penny was seen walking into the NYPD 5th Precinct in Chinatown shortly after 8 a.m. ET. He did not speak to outside media, but his attorney, Tom Kenniff, spoke briefly to reporters.
Mr Kenniff said he “appeared voluntarily and with the dignity and honesty peculiar to the dignity of service to this grateful nation.” “This case will now go to court, and arraignment will take place this afternoon. The process will unfold from there.”
Penny’s surrender came the day after the Manhattan District Attorney’s Office confirmed she would be arrested on second-degree manslaughter charges.
Neely was strangled to death on May 1. The video showed Penny, a U.S. Marine Corps veteran, chokeholding Neely after he accidentally exploded on the F train.
Mr Penney’s attorneys said in a statement Thursday night that they are confident that “when all the facts and circumstances surrounding this tragic incident come to light, Mr Penney will be fully absolved of any wrongdoing.” said there is.
“When Mr. Penney, a decorated Marine Corps Veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured. He risked his own life and safety for the benefit of his fellow passengers.” endangered,” the statement said. From Reiser & Kenniff Law Office. “The unfortunate result was the unintended and unexpected death of Mr. Neely.”
Neely was homeless when he died. Some witnesses told police that Neely was shouting and harassing passengers on the train, authorities said.
A police source told ABC News that Neely was not specifically threatened when Penny intervened, nor did Neely turn violent or threaten anyone in particular.
Penny’s attorneys said in an earlier statement that they “send their condolences to those close to Neely,” and that “Neely began aggressively threatening Danielle,” while Marine veterans said, “I acted to protect it,” he said.
“Mr. Neely has a record of violent and deviant behavior, apparently the result of an untreated and ongoing mental illness,” the law firm of Leiser & Kenniff said in a statement. It is stated. “When Mr. Neely began to aggressively threaten Daniel Penny and the other passengers, Daniel acted to enlist the help of others to protect himself until help arrived. I never intended to do any harm, and I could not have foreseen his untimely death.”
Footage from the incident shows Penny holding Neely in a chokehold for nearly three minutes while another man holds him down.
Attorneys for the Neely family criticized Penny’s response.
“The truth is that he knew nothing about Jordan’s history when he deliberately put his arm around Jordan’s neck and kept the pressure on,” Neely’s attorney said in a statement.
“Daniel Penney’s press release is neither an apology nor an expression of remorse. It was an assassination and a clear example of why he believed he was entitled to take Jordan’s life,” lawyer Donte said. Mills and Lennon Edwards continued in a statement.
Neely’s death after being strangled was ruled a homicide by the city’s medical examiner’s office.
Police said Penny, 24, was released after being questioned by detectives. He told police he did not intend to kill Neely.
Neely had a documented history of mental health, police sources said. Neely has been arrested for several incidents on the subway, but it’s unclear how many, if any, have led to a conviction.
The Manhattan prosecutor’s office spent the weekend and much of this week interviewing witnesses on the train and reviewing multiple videos of the incident. The prosecution also consulted with the coroner’s office and detectives to review statements Penny made to detectives on the night of the murder.
The district attorney’s office decided to proceed with the indictment without first going to a grand jury.
A grand jury will continue to hear the evidence in the case, and the trial is scheduled to take place the week after his arraignment.
The maximum sentence for second-degree manslaughter is 15 years.
Morgan Windsor of ABC News contributed to this report.
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