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Daniel Penny — the former Marine who put homeless man Jordan Neely in a deadly chokehold on the subway last week — will surrender to face criminal charges on Friday, law enforcement sources with knowledge of the case said Thursday.

Penny, 24, will turn himself in at the NYPD’s 5th Precinct in Chinatown on Friday morning, high-ranking police sources said Thursday. He will be arrested on a criminal complaint charging him with second-degree manslaughter, which could carry a jail term of up to 15 years, according to prosecutors.


  Daniel Penny is expected to surrender in the case. Juan Vazquez Daniel Penny is expected to surrender in the case. Juan Vazquez

  Jordan Neely died after the chokehold. Provided by Carolyn Neely Jordan Neely died after the chokehold. Provided by Carolyn Neely

“We can confirm that Daniel Penny will be arrested on a charge of Manslaughter in the Second Degree,” a spokesman for Manhattan District Attorney Alvin Bragg said in a statement. “We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow.”

The DA’s office had faced pressure to bring charges as its investigation into the May 1 encounter progressed.


  Penny will face a second-degree manslaughter charge, sources said. AllTrails / Daniel Penny Penny will face a second-degree manslaughter charge, sources said. AllTrails / Daniel Penny

Neely, a 30-year-old former street performer with a long history of mental illness, was left unconscious on the floor of an F train after being placed in a chokehold by Penny.

Shocking video showed Penny and two other straphangers restrain Neely after cops and witnesses said the disturbed man had gone on an aggressive rant in the train car.

He died at a hospital in what the city’s medical examiner ruled a homicide from neck compression.

Cops had taken Penny into custody for questioning in the aftermath of Neely’s death, and he was then released without charges — sparking outrage from protesters, some lawmakers and Neely’s family, who called for the Queens man’s arrest.

Penny’s attorneys claimed that he wasn’t trying to kill Neely. Juan Vazquez
Penny was originally released without charges after being questioned by police. Juan Vazquez

Penny’s anticipated arrest comes after authorities updated the original complaint report with the medical examiner’s ruling and additional witness interviews, according to sources.

It had been widely expected that Bragg would present the case to a grand jury for an indictment, rather than file a felony complaint, in order to sidestep a potential political minefield.

“It is stunning that they would make an arrest before presenting this to a grand jury,” defense attorney and former Manhattan prosecutor Mark Bederow said Thursday following news of the charges. “Bragg made a political call: he now owns this.”

Michael Discioarro, also a defense attorney and a former Bronx prosecutor, said the decision to charge Penny on a complaint “quiets the critics — for now.”

What we know about NYC subway choking victim Jordan Neely

Who was Neely?

Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. May 1, according to police.

He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as Daniel Penny, a 24-year-old former Marine from Queens.

Penny, who was seen on video applying the chokehold, was taken into custody and later released. He was eventually charged with second-degree manslaughter.

Why is there fallout over Neely’s death?

The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).”

Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic and suffered from PTSD and depression.

“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.

Who is Penny?

Marine veteran Daniel Penny served as an infantry squad leader and an instructor in water survival while in the Marines Corps from 2017 to 2021, according to his online resume. Penny graduated from high school in West Islip, NY.

He surrendered to authorities 11 days after he placed Neely in a fatal chokehold on an F train.

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Penny’s legal team said Thursday that their client would be “fully absolved of any wrongdoing” when all the facts come out about the case.

“When Mr. Penny, a decorated Marine veteran, stepped in to protect himself and his fellow New Yorkers, his well-being was not assured,” lawyers Steven Raiser and Thomas Kenniff said in a statement.

“He risked his own life and safety, for the good of his fellow passengers. The unfortunate result was the unintended and unforeseen death of Mr. Neely.”

Penny’s attorneys previously said he didn’t intend to kill Neely when he put him in the chokehold.

Neely’s uncle, Christopher Neely, told The Post he was disappointed Penny was being charged with manslaughter and not murder. 


  First responders attempting to revive Neely on the F train. Paul Martinka for NY Post First responders attempting to revive Neely on the F train. Paul Martinka for NY Post

  Neely suffered from mental illness, according to family members. Provided by Carolyn Neely Neely suffered from mental illness, according to family members. Provided by Carolyn Neely

  People protest the death of Neely in NYC on May 6. ZUMAPRESS.com People protest the death of Neely in NYC on May 6. ZUMAPRESS.com

“Manslaughter suggests an accident. This was no accident,” Neely, 44, said Thursday evening. 

“There was intent to kill and that’s murder.”

Additional reporting by Jack Morphet and Priscilla DeGregory

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