N.Y. man in subway chokehold death case says he acted in self-defense

May 07, 2023 12:14 am • Last Updated: May 07, 2023 12:14 am

By Dan Rosenzweig-Ziff, The Washington Post

People walk past graffiti calling attention to the death of Jordan Neely that was painted on the sidewalk at an entrance to Washington Square Park, Friday, May 5, 2023, in New York. Neely, a locally-known Michael Jackson impersonator who friends say suffered from worsening mental health, died Monday, May 1, when a fellow rider pulled him to the floor and pinned him with a hold taught in Marine combat training. (AP Photo/Brooke Lansdale)

New York police officers administer CPR to a man at the scene where a fight was reported on a subway train, Monday, May 1, 2023, in New York. A man suffering an apparent mental health episode aboard a New York City subway died on Monday after being placed in a headlock by a fellow rider, according to police officials and video of the encounter. Jordan Neely, 30, was shouting and pacing aboard an F train in Manhattan, witnesses and police said, when he was taken to the floor by another passenger. (Paul Martinka via AP)

The college student and Marine veteran accused of putting Jordan Neely in a fatal chokehold on a New York City subway released his first statement Friday since the incident, saying he acted in self-defense. The statement also identified the 24-year-old for the first time as Daniel Penny.

The three paragraphs released through Penny's lawyers alleges that Neely "aggressively" threatened Penny and other passengers. It added that Penny "never intended to harm Mr. Neely and could not have foreseen his untimely death."

No one, including Penny, has been charged in connection with Neely's death, which was ruled a homicide by the city's medical examiner on Wednesday evening. The Manhattan district attorney's office said earlier this week that they were reviewing the medical examiner's report and video footage and interviewing witnesses as part of an investigation into the incident.

Penny expressed his condolences to those who knew Neely, 30, who used to perform on the subway as a Michael Jackson impersonator.

The fatal incident has become a flash point in New York and across the country after videos surfaced this week of Neely flailing his arms, kicking his legs and trying to free himself as Penny held him in a chokehold on the floor of the train. Neely was taken to the hospital once he was released from the hold and pronounced dead.

The incident drew condemnation from some prominent Democratic lawmakers.

"I have yet to hear a real explanation from any official hesitating to condemn the killing of Jordan Neely about what makes condemning this violence so 'complicated,'" Rep. Alexandria Ocasio-Cortez, D-N.Y., tweeted. "Killing is wrong. Killing the poor is wrong. Killing the mentally ill is wrong. Why is that so hard to say?"

New York Mayor Eric Adams criticized Ocasio Cortez for saying this past week that Neely was murdered, and told CNN on Thursday there were still "so many unknowns" in Neely's case.

Witnesses said Neely was acting in a "hostile and erratic manner," according to police. Juan Alberto Vazquez, who took the video of the encounter, said Neely was shouting that he was hungry and thirsty.

In the statement, Penny's lawyers said they hoped this "awful tragedy" will bring a commitment from those in government to "address the mental health crisis on our streets and subways."

The New York Police Department, Adams's office and the local district attorney did not immediately respond to requests for comment.

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Timothy Bella contributed to this report.

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