Two days ago, Daniel Penny—the 24-year-old man who choked Jordan Neely to death May 1 on the New York City subway—was finally arraigned and criminally charged in a Manhattan court. He is facing a felony charge of second-degree manslaughter and could receive up to 15 years in prison. Neely, a homeless man who had a history of mental illness, cried out for food and shelter shortly before Penny approached him from behind.
“I don’t have food, I don’t have a drink, I’m fed up, I don’t mind going to jail and getting life in prison. I’m ready to die,” Neely said, according to witnesses. He never assaulted or physically threatened anyone on the train before the incident. A bystander recorded the killing on his phone, in which the former U.S. Marine placed Neely in deadly chokehold for several minutes. Two other passengers helped Penny by restraining Neely’s arms. Police arrived on the scene and found the victim unconscious; Neely was pronounced dead shortly after.