Prosecutors: Man who fatally choked NYC subway passenger faces manslaughter charge
A former Marine accused of putting a man in a fatal chokehold on New York City's subway system is out on bail this morning. That's after he was arrested on a manslaughter charge. NBC's Stephanie Goss reports, and a warning, you may find some of the images in her report disturbing. The protestant calls for criminal charges were answered. Daniel Penny was arrested for killing Jordan Neely. The 24-year-old walked into Manhattan's 5th Precinct. He did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation.
The former Marine is accused of manslaughter in the second degree, a charge carrying a maximum 15-year sentence. Penny was released on $100,000 bail. Homeless and battling mental illness, Neely died after Penny put him in a chokehold on the subway nearly two weeks ago. A witness said Neely got on the train and started yelling that he was hungry and ready to die. According to Penny's attorney, Neely aggressively threatened his client and other people on the train, adding that he is 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. But lawyers for Neely's family say Penny is guilty and they aren't happy with the charge.
Yes, we disagree with the manslaughter charge. We think it should be murder because he knew it would happen. He knew he would die. What is the difference between the manslaughter charge and a murder charge? A murder charge is a specific intent crime. It means that you intended to kill someone. This manslaughter charge under New York law is about recklessness. It's about the conscious disregard of a known risk.
Penny's case will likely come down to a question of self-defense. New Yorkers are split. Some calling him a heartless vigilante. Lawyers say he is a hero. Either way, many agree record homelessness and a mental health crisis led to tragedy on the subway. Stephanie Gask, NBC News, New York.
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