Daniel Penny pleads not guilty in subway chokehold death of Jordan Neely; bail set at $100K

Daniel Penny has been charged with second-degree manslaughter in the chokehold death of Jordan Neely on the NYC subway.

Marine veteran Daniel Penny was charged with second-degree manslaughter and criminally negligent homicide Wednesday in connection with the chokehold death of Jordan Neely aboard a subway train.

Penny pleaded not guilty to the charges and is free on $100,000 bail. His next court appearance is October 25.

Members of Neely’s family sat in the second row during Penny's court appearance. Penny’s relatives sat in the row behind them.

Penny was indicted by a grand jury on June 14.

Video showed Penny, 24, putting Neely in a chokehold on May 1. Several witnesses observed Neely making threats, Assistant District Attorney Joshua Steinglass told the judge during Penny's initial appearance in court on May 12.

PHOTO: Daniel Penny, center, is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023, after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely.
Daniel Penny, center, is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023, on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely.
Timothy A. Clary/AFP via Getty Images

MORE: Grand jury indicts Daniel Penny in chokehold death of Jordan Neely

Some witnesses told police that Neely was yelling and harassing passengers on the train, authorities said.

Police sources told ABC News that Penny was not specifically being threatened by Neely when he intervened and that Neely had not become violent and had not been threatening anyone in particular.

MORE: Daniel Penny, man accused of choking subway rider Jordan Neely to death, released on bond

PHOTO: Jordan Neely is pictured before going to see the Michael Jackson movie, 'This is It' outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York, in 2009.
Jordan Neely is pictured before going to see the Michael Jackson movie, 'This is It' outside the Regal Cinemas on 8th Ave. and 42nd St. in Times Square, New York, in 2009.
New York Daily News/TNS/Getty Images, FILE

Neely was homeless at the time of the incident.

Outside court, defense attorneys spoke confidently about Penny’s ability to be found not guilty.

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

Neely’s family and supporters denounced Penny and expressed their hope for justice.

“Daniel Penny did not have the courage to look Mr. Jordan’s father in the eye,” said attorney Dante Mills, who is representing the Neely family.

Following the indictment, Penny's attorney Steven Raiser remained confident in Penny's actions.

"While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We're confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny's actions on that train were fully justified," said Raiser.

Attorneys for Neely's family applauded the grand jury's decision to indictment.

"The grand jury's decision tells our city and our nation that 'no one is above the law' no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews," the attorneys said in a statement.

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