The Marine who was filmed putting mentally ill homeless man Jordan Neely in a fatal chokehold on a subway has lawyered up — hiring Manhattan District Attorney Alvin Bragg’s former rival to represent him, The Post has learned.
The straphanger, whose name hasn’t been released publicly, retained criminal defense attorney Thomas Kenniff — potentially setting up another showdown with Bragg should the DA’s office bring charges in Neely’s death.
Kenniff, a Republican, notably lost out to Bragg, his Democrat counterpart, in the race for Manhattan DA in 2021.
The Iraq War veteran and major in the Army National Guard — a former Westchester prosecutor and founding partner of Raiser & Kenniff — didn’t want to comment on his new client on Thursday.
His client — identified by police sources as a 24-year-old from Queens — was taken into custody after Monday’s deadly encounter but was released without charges.
The DA’s office, as part of its probe, is now weighing whether to bring criminal charges against him over Neely’s death, which has been ruled a homicide.
A spokesman for Bragg confirmed the probe was ongoing Thursday.
“As part of our rigorous ongoing investigation, we will review the Medical Examiner’s report, assess all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records,” the rep said in a Wednesday evening statement.
The Marine who was filmed putting mentally ill homeless man Jordan Neely in a fatal chokehold on a subway has hired a lawyer. Juan VazquezThe spokesperson added that the office will provide an update “when there is additional public information to share.”
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.
The Marine was filmed putting Neely in a chokehold on an F train in lower Manhattan after witnesses said the deranged 30-year-old went on an aggressive rant.
A witness who filmed the encounter told The Post Neely had yelling at passengers and throwing garbage around in the moments before the Marine took him down.
The straphanger, whose name hasn’t been released publicly, retained criminal defense attorney Thomas Kenniff (far right). Ilir Bajraktari/PatrickMcmullan.
Jordan Neely died in a chokehold on the subway. Provided by Carolyn NeelyCops said Neely passed out after being held in the chokehold and EMS were unable to revive him when they arrived. He was brought to Lenox Health Greenwich Village, where he died.
Additional reporting by Jack Morphet
