NEW YORK (AP) — A former United States Marine pleaded not guilty Wednesday to charges in the fatal strangulation of a man who was behaving erratically on a New York City subway train.
Daniel Penny, 24, pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 1 death of Jordan Neely—a Michael Jackson ex-impersonator who was yelling and begging for money on a moving wagon—when Penny pinned him to the ground with the help of two other passengers. They held him for more than three minutes, strangling him.
Neely, 30, lost consciousness during the struggle, which was recorded by a passenger.
The appearance lasted only a few minutes. Penny, who is out on bail, only uttered the words “not guilty” before walking out of the courtroom with her lawyers.
Penny was initially arrested on the manslaughter charge in May, but a grand jury added the negligent homicide charge earlier this month, which could give the trial jury the option of convicting him of the lesser charge.
To sentence him for manslaughter, prosecutors would have to prove that Penny recklessly caused Neely’s death despite knowing the grave risk of the restraint maneuver. She could carry a penalty of up to 15 years in prison. A criminally negligent homicide conviction would require the jury to find that Penny unreasonably put Neely at risk of death, but without perceiving that risk. The maximum penalty in that case would be four years in prison.
Penny, who served in the Marine Corps for four years and was discharged in 2021, has said he acted to protect himself and others from Neely, who yelled “I’m going to kill you” and said he was “ready to die.” ” or go to jail for life.
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2023-06-28 16:40:28
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