Subway death grand jury will weigh suspect Daniel Penny’s motivation: Mercedes Colwin
Trial attorney Mercedes Colwin tells ‘America Reports’ that the grand jury will look into what Jordan Neely was doing at the time the Marine veteran put him in a chokehold.
A New York City subway rider accused of choking a homeless man to death is expected to turn himself in to police on Friday morning to face a manslaughter charge.
"We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree," a spokesperson for the Manhattan District Attorney's Office said. "We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow."
On May 1, Penny, a 24-year-old Marine veteran and college student, put 30-year-old Jordan Neely in a fatal chokehold after what police described as an altercation on a northbound F train.
Neely was allegedly threatening passengers on the subway and having a mental episode. He was yelling and pacing back and forth when Penny interjected, tackled him to the ground and put him in a chokehold, witnesses and police said.
NYC MAYOR ERIC ADAMS SAYS ‘JORDAN NEELY DID NOT DESERVE TO DIE’
Marine veteran Daniel Penny, right, fatally choked Jordan Neely, left, on a NYC subway after the homeless man threatened passengers. (Mills & Edwards/ AllTrails)
After the incident, Penny's attorneys said Neely had a documented history of violent and erratic behavior, which was the apparent result of ongoing and untreated mental illness.
On Thursday, Penny's attorney, Steve Raiser of Raiser & Kenniff, PC, issued a statement on his client's arraignment.
JORDAN NEELY'S FATHER MOURNS HOMELESS SON'S DEATH ON NEW YORK CITY SUBWAY CAR: ‘A GOOD KID'
"When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured," Raiser said. "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."
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
The city's medical examiner determined Neely, a Michael Jackson impersonator, died from the compression against his neck.
Neely's family responded to the statement issued by Penny's attorneys, saying it was not an apology or an expression of regret, but rather a "character assassination and a clear example of why he believed he was entitled to take Jordan's life."
"In the first paragraph he talks about how ‘good’ he is and the next paragraph he talks about how ‘bad’ Jordan was in an effort to convince us Jordan's life was ‘worthless,’" Neely family attorneys Donte Mills and Lennon Edwards said. "The truth is, he knew nothing about Jordan's history when he intentionally wrapped his arms around Jordan's neck, and squeezed and kept squeezing."
The attorney's also said in the last graph, Penny suggests that the public shows indifference for people like Jordan.
"It is clear he is the one who acted with indifference, both at the time he killed Jordan and now in his first public message," the attorney's said. "He never attempted to help him at all. In short, his actions on the train, and now his words, show why he needs to be in prison."
Neely's family plans to hold a press conference in response to Penny's arrest on Friday at 11 a.m. at 225 W. 34th Street in New York City.
MARINE VETERAN IN NYC SUBWAY CHOKEHOLD DEATH FACES TOUGH LEGAL ROAD, EXPERTS SAY
Juan Alberto Vazquez, the freelance journalist who shot the now viral video of the incident, told the New York Post that Neely "started screaming in an aggressive manner" and complaining that he had no food and nothing to drink. The Marine veteran allegedly held Neely in a chokehold for 15 minutes, according to Vazquez.
Although Neely's death was ruled a homicide by the medical examiner, police had not arrested anyone in connection to the crime.
Jordan Neely, left, and Moses Harper do their Michael Jackson impersonations in front of Regal Cinemas in Times Square where the Michael Jackson movie "This Is It" is screening on Oct. 27, 2009. (Andrew Savulich/NY Daily News Archive via Getty Images)
Manhattan District Attorney Alvin Bragg is bringing the charge against Penny, and the case has not been presented to a grand jury at this time.
MARINE VETERAN ACCUSED IN NYC SUBWAY CHOKEHOLD DEATH IDENTIFIED BY HIS LAWYER
Fox News has learned Penny will surrender to the NYPD at the 5th Precinct on Friday at 8 a.m.
The incident sparked protests and violent clashes last week after the Marine veteran was taken into custody and released.
More than 15 people were arrested throughout the day with most arrests happening in the subway station after protesters stopped a train from leaving the station and walked on the subway tracks. (Alexi Rosenfeld/Getty Images)
Protesters crammed into a subway station and stood on the tracks to demand change. They could be heard on video shouting, "No justice, no peace" and "Abolish the police."
Video depicted protesters blocking an incoming train that was attempting to arrive at the subway station, and eventually, police forced the protesters off the tracks.
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The chaos continued as police worked to remove people out of the subway station, with some protesters getting aggressive and fighting with officers. The clashes continued onto the streets, where protesters blocked an intersection.
Fox News' Seth Andrews contributed to this report.
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