Summary

  • Ex-Marine Daniel Penny, who placed a fellow passenger in a chokehold on a New York subway, surrendered to police this morning

  • Penny, 24, accused of causing Jordan Neely's death on 1 May, appeared in court facing a manslaughter charge

  • Neely, 30, who was homeless and asking fellow passengers for money, was pinned to the ground and restrained for several minutes

  • A video of the incident has caused waves of protests across New York city over the way homeless people are treated

  • Penny was released on $100,000 bail after an arraignment hearing

  1. Penny leaves police precinctpublished at 15:44 British Summer Time 12 May 2023
    Breaking

    Madeline Halpert
    Reporting from court

    Daniel PennyImage source, CBS

    Daniel Penny has just left the Manhattan police precinct where he turned himself in this morning.

    We are waiting for his arraignment in the Manhattan Criminal Courthouse.

  2. Tributes to Jordan Neely spread across Manhattanpublished at 15:39 British Summer Time 12 May 2023

    Brandon Livesay
    Live reporter

    Jordan Neely tribute

    I took this photo outside the Broadway-Lafayette St subway entrance in the days after Jordan Neely died.

    It’s one of the many makeshift memorials which are now dotted across New York City.

    His death has caused waves of intense anger in parts of the New York City community, and sparked multiple protests.

  3. 'Being homeless shouldn't be death sentence' - Sharptonpublished at 15:25 British Summer Time 12 May 2023

    Reverend Al Sharpton speaks to attendees during the National Action Network National Convention in New YorkImage source, REUTERS/Jeenah Moon

    Charges against Daniel Penny are "just step one in justice for Jordan Neely", the US civil rights leader Reverend Al Sharpton has said.

    Sharpton, who is due to speak at Neely's funeral next week, reminds people not to forget "that there were three people restraining him [Neely]".

    He calls it "vital" that two other unidentified people who were also seen restraining Neely "are also held accountable for their actions".

    Sharpton adds that the justice system "needs to send a clear, loud message that vigilantism has never been acceptable".

    Being homeless, black or having a mental health episode "should not be a death sentence", he concludes.

    Neely had been shouting at other subway passengers and asking for money, witnesses said, though there is no indication he physically attacked anyone on the train.

    Neely's family have similarly called for Penny to be in prison, saying in a statement earlier this week: "the family wants you to know that Jordan matters".

  4. Lawyer says Penny surrendered voluntarilypublished at 15:08 British Summer Time 12 May 2023

    Madeline Halpert
    Reporting from court

    Thomas Kenniff, the attorney representing Daniel Penny, speaks after Penny turned himself into the 5th Precinct.Image source, Getty Images
    Image caption,

    Thomas Kenniff, the attorney representing Daniel Penny, speaks after Penny turned himself into the 5th Precinct

    We heard from Thomas Kenniff, Daniel Penny's lawyer, outside the fifth precinct this morning.

    Kenniff said his client surrendered at the request of the New York County District Attorney's office.

    "He did so voluntarily and with the sort of dignity and integrity that is characteristic of his history of service to this grateful nation," he said.

    "The case will now go to court. We expect an arraignment will occur this afternoon and the process will unfold from there.

    “He's dealing with the situation, like I said, with the sort of integrity and honour that is characteristic of who he is, characteristic of his honourable service in the United States Marine Corps. And, you know, he has his head held up high.”

  5. Watch: New Yorkers react to Neely's death on subwaypublished at 14:49 British Summer Time 12 May 2023

  6. What happened on the subway?published at 14:35 British Summer Time 12 May 2023

    Jordan Neely, a homeless man, was pinned to the ground by Daniel Penny and restrained for several minutes on a New York Subway on 1 May.

    Neely had been shouting at other subway passengers and asking for money, witnesses said, though there is no indication he physically attacked anyone in the subway car.

    Neely was later found unconscious in the carriage and taken to hospital where he was pronounced dead. His death resulted from compression of the neck, the city's medical examiner ruled.

    Penny was initially questioned by police and then released on the day of Neely's death.

    But video of the altercation filmed by a bystander set off protests, and the Manhattan district attorney's office soon launched an investigation.

    The video, captured by a freelance journalist on the train, shows the former US Marine holding Neely around the neck for two minutes and 55 seconds.

  7. Watch: Daniel Penny surrenders to policepublished at 14:17 British Summer Time 12 May 2023

    The former US Marine turned himself in to police early Friday morning.

    Media caption,

    Daniel Penny surrenders to police for Jordan Neely death

  8. At courtpublished at 14:15 British Summer Time 12 May 2023

    Madeline Halpert
    Reporting from court

    I’ve just arrived at Manhattan criminal court this morning, where Daniel Penny is expected to be arraigned at some point today.

    Media line the streets outside court, but the expected protestors have yet to arrive.

    There is a small memorial dedicated to Jordan Neely across from the courthouse with a picture of him from his time as a Michael Jackson impersonator.

    Next to it, a sign urges officials to prosecute Penny.

    outside court
  9. Welcome to our live coveragepublished at 14:11 British Summer Time 12 May 2023

    Marianna Brady
    Live reporter

    We’re covering the arraignment of Daniel Penny.

    The former US Marine has turned himself into authorities and will be charged with manslaughter after he placed a fellow passenger in a fatal chokehold on the New York subway.

    The 24-year-old is accused of causing the death of Jordan Neely, 30, in a train carriage on 1 May.

    His lawyers said he could not have known his actions to subdue Neely would lead to his death.

    Neely, who was asking people for money on the train, was pinned to the ground and put in a chokehold for several minutes.

    His death has sparked protests and calls for New York to address homelessness.