On Thursday, May 11, prosecutors announced that Daniel Penny would be criminally charged in the death of Jordan Neely. The announcement comes days after the former U.S. Marine was captured on video placing Neely, an unhoused man with a history of mental health issues, in a chokehold that turned fatal during a subway ride in New York City on May 1, 2023.
The footage divided people across the nation. Many marched in the streets demanding justice for Neely as they found his death eerily similar to George Floyd’s 2020 murder. Others pointed out that the victim posed a threat when he went on an aggressive rant on the train prompting the former marine to de-escalate the situation before it turned violent.
Shortly after New York prosecutors announced that Penny would officially face criminal charges on Friday for the death of Neely, a fundraiser for the 24-year-old marine veteran was launched by the law offices of Steven M. Raiser and Thomas A. Kenniff.
The fundraiser, which has raised more than $140,000 for Penny's legal expenses, was created in the alternative "Christian fundraising site" called GiveSendGo.
Details of Daniel Penny's fundraiser explored
The fundraiser described Daniel Penny as a 24-year-old college student and decorated Marine veteran facing criminal charges after protecting individuals from an "assailant" on a subway train.
The fundraiser said that the funds, which will be managed by the law offices of Raiser & Kenniff, P.C., will cover Penny's legal fees, and any excess amount will be donated to a mental health advocacy program.
“Funds are being raised to pay Mr Penny’s legal fees incurred from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense. All contributions are greatly appreciated. Any proceeds collected which exceed those necessary to cover Mr. Penny’s legal defense will be donated to a mental health advocacy program in New York City.”
The law offices of Steven M. Raiser and Thomas A. Kenniff had also issued a statement previously defending their client, stating that the former marine never intended to harm Jordan Neely when he placed him in a chokehold. As per Newsweek, in a statement, the lawyers wrote:
"Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness. 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."
However, many have pointed out that Daniel Penny, who trained as a marine, was aware of the deadly consequence of placing a person in a chokehold for a long time. The video showed Penny wrapping his hands around the victim's neck for nearly three minutes.
Freelance journalist Juan Alberto Vazquez, who captured the video of the choking, told The New York Times that Daniel Penny, who approached Neely after he began shouting in the train, was warned by at least one bystander to release him from the chokehold to avoid being accused of murder.
Multiple witnesses from the scene have also said that they did not perceive Neely, who was indeed ranting on a train complaining about being hungry, as an active threat.
Penny will reportedly be facing a second-degree manslaughter charge in the choking death of Neely.