Lawyers for Daniel Penny, the 24-year-old man who put Jordan Neely in a deadly chokehold on an F train train Monday, said he never intended harm, but was defending himself.
Penny, who grew up in Long Island and served in the Marines, offered condolences to those close to Neely in a statement released through his attorneys, Steven Raiser and Thomas Kenniff. But the attorneys said Neely, who was homeless, had a “documented history of violent and erratic behavior.” The statement said “when Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived.”
“Daniel never intended to harm Mr. Neely & could not have foreseen his untimely death,” the statement read. It concluded with a call for “elected officials to address the mental health crisis on our streets and subways.”
Penny, whose identity was only confirmed Friday, has not been charged with a crime, but the NYPD and Manhattan District Attorney’s Office have confirmed they are investigating the incident that led to Neely’s death.
Neely, 30, was apparently experiencing a mental health crisis and acting erratically on the train that Penny was riding, according to a Facebook post, later removed, by a freelance journalist who was on the train. Penny held Neely in a chokehold on the ground for several minutes, according to video of the encounter posted by Juan Alberto Vazquez. The Medical Examiner ruled the death a homicide.
Penny’s attorneys are Reiser and Thomas Kenniff. Kenniff recently represented an NYPD union boss who pleaded guilty to stealing members’ money. He also ran an unsuccessful campaign against Manhattan District Attorney Alvin Bragg in the 2021 election.
Leading the investigation is Assistant District Attorney Joshua Steinglass, a senior prosecutor who most recently helped to secure the felony conviction of the Trump Organization, according to Bragg spokesperson Doug Cohen.
Steinglass is…
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