A woman who witnessed Marine veteran Daniel Penny putting Jordan Neely in a fatal chokehold on a subway train says he only intervened afterwards and is ‘praying’ he is treated fairly by the courts.
Penny will today hand himself into the NYPD and is due to be arraigned on a second degree manslaughter charge.
He put Neely – a mentally ill, homeless man with a record of 40 prior arrests including violent attacks – in a chokehold after Neely shouted that he was ‘fed up’ and wanted to go to jail.
If convicted, Penny faces between three and 15 years in prison.
Penny (left) will today hand himself into the NYPD and is due to be arraigned on a second degree manslaughter charge for putting Jordan Neely (right)
Neely’s mental health had deteriorated drastically in recent years, according to his family
His attorneys last night released a statement saying he doesn’t deserve the charges.
A 66-year-old female witness to the incident spoke anonymously to The New York Post last night on the eve of Penny’s arraignment.
She said there are more videos of the altercation that led up to the chokehold that she believes will absolve Penny of wrongdoing.
‘So I believe that those videos are going to come forward, maybe people will do it anonymously.
‘I hope he has a great lawyer, and I’m praying for him. And I pray that he gets treated fairly, I really do.
‘Because after all of this ensued I went back and made sure that I said, “thank you” to him.’
She said Neely brought on the chokehold by threatening the entire train. She says passengers thought Neely was going to kill one of them.
‘He said, “I don’t care. I’ll take a bullet, I’ll go to jail” because he would kill people on the train.
‘He said ‘I would kill a motherf***er. I don’t care. I’ll take a bullet. I’ll go to jail.’
‘This gentleman, Mr. Penny, did not stand up. Did not engage with the gentleman. He said not a word. It was all Mr. Neely that was… threatening the passengers. If he did not get what he wants,’ she said.
Eventually, Penny stood up and pulled him to the ground. Two other men helped subdue him.
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Neither of them have been charged.
According to witnesses on the subway, Neely had been threatening to kill someone because he wanted a ticket to jail where he would fed regularly
In their statement last night, Penny’s attorneys said: ‘When Mr. Penny, a decorated Marine 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 good of his fellow passengers.
‘The unfortunate result was the unintended and unforeseen death of Mr. Neely.
‘We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing.’
Neely’s family are calling for more intense charges. His uncle last night said the Marine deserved to be hit with a murder charge.
Manhattan DA Alvin Bragg was under intense pressure to charge Penny, with Democrats and protesters calling his death murder.
Penny, meanwhile, has received a rush of support from Marine veterans, Republicans and New Yorkers fed up with the city’s crime and homelessness.
Protests erupted have been staged near the Broadway Lafayette subway station where Neely died.
In an effort to calm the public outrage and debate over the case, New York City Mayor Eric Adams initially urged patience.
Last night, he spoke more sympathetically, appealing to Neely’s family.
‘One thing we can control is how our city responds to this tragedy. One thing we can say for sure: Jordan Neely did not deserve to die.
‘Jordan Neely’s life mattered. He was suffering from severe mental illness, but that was not the cause of his death.
‘His death was a tragedy that never should have happened.’
Manhattan DA Alvin Bragg was under pressure from protesters to bring charges against the Marine
