Daniel Penny pleads not guilty in NYC subway chokehold death of Jordan Neely

NEW YORK — The former U.S. Marine accused of putting a man into a deadly chokehold last month on a New York City subway pleaded not guilty to manslaughter and homicide charges on Wednesday.

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Daniel Penny, 24, faces one count each of second-degree manslaughter and criminally negligent homicide in the May 1 killing of Jordan Neely, 30.

Penny’s attorneys: ‘Our client acted under the law’

Update 11 a.m. EDT June 28: A lawyer for Penny said Wednesday that defense attorneys are “confident our client acted within the confines of the law,” WABC-TV reported.

“We are a long way off from trial, but all the evidence we’ve seen is that our client acted under the law,” attorney Thomas Keniff said, according to the news station.

A lawyer representing Neely’s family, Donte Mills, told reporters that Penny “did not have the courage to look Mr. Jordan’s father in the eye,” WABC reported. Supporters and family members shared hopes that the case would lead to justice for Neely.

Penny was previously released on $100,000 bail, according to WPIX. He is expected to next appear in court on Oct. 25, WABC reported.

Indictment against Penny unsealed

Update 10:45 a.m. EDT June 28: Manhattan District Attorney Alvin Bragg announced that a grand jury earlier this month indicted Penny on manslaughter and criminally negligent homicide charges.

“I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss,” the attorney general said in a news release.

Authorities said Neely threatened passengers after getting into a northbound F train on May 1. Penny then approached Neely from behind and put him in a chokehold that continued past when Neely stopped moving, officials said.

He was pronounced dead at a hospital.

Penny pleaded not guilty to charges on Wednesday, The New York Times reported.

Original report: A grand jury indicted Daniel Penny, 24, on June 14. The charges against him remained sealed on Wednesday morning, although Manhattan District Attorney Alvin Bragg said they will be shared at Penny’s arraignment, WNBC reported.

Penny was initially arrested on a manslaughter charge after videos recorded by bystanders on May 1 showed him putting Jordan Neely, 30, into a chokehold on the F train in Manhattan, according to Reuters. Neely, a former Michael Jackson impersonator who struggled with homelessness and mental illness, had been shouting at passengers, WPIX reported.

In a statement obtained by The Associated Press, Penny’s lawyers said their client had not meant to kill Neely but planned to hold the 30-year-old until police arrived.

Neely’s death sparked protests, with demonstrators pointing to the incident as an example of racial injustice. Neely was Black. Penny is white.

In a video statement obtained by WABC-TV, Penny said that race had nothing to do with his actions. He said he was trying to protect passengers after Neely began making threats.

Several Republican presidential hopefuls have voiced support for Penny, including Florida Gov. Ron DeSantis, who described him as a “Good Samaritan” on social media last month.

If Penny is charged with and convicted of manslaughter, he could face a maximum sentence of 15 years behind bars, WCBS-TV reported.