Daniel Penny’s legal team is seeking to prevent the use of a video showing him discussing a fatal altercation with a homeless man in a subway car.
In a search engine-friendly language, the incident involving Daniel Penny and the death of Jordan Neely in a subway car is a tragic event that unfolded on May 1, 2023. The confrontation between the two individuals led to Mr. Penny being charged with manslaughter and criminally negligent homicide.
The events leading up to the tragic incident began when Mr. Neely, a homeless man, boarded a northbound train at the Second Avenue station and started acting erratically, causing distress among passengers. Mr. Penny intervened, believing that Mr. Neely was a threat and needed to be restrained to prevent harm to others.
During an interview with detectives at the Police Department’s Fifth Precinct, Mr. Penny recounted his actions, stating that he felt a sense of urgency to intervene as he believed Mr. Neely was “absolutely killing someone” that day. He described how he took Mr. Neely to the ground and held onto him, withstanding bursts of energy from Mr. Neely until other men came to assist in restraining him.
However, a video captured by bystanders on the F train in Manhattan revealed a different sequence of events. The video showed Mr. Penny maintaining his hold on Mr. Neely, with his arms around Mr. Neely’s neck and legs wrapped around his body even after the other men had joined in to help restrain him. The struggle continued until Mr. Neely became motionless, prompting Mr. Penny to release his grip.
The discrepancies between Mr. Penny’s account and the video evidence raise questions about the circumstances surrounding Mr. Neely’s death and the level of force used by Mr. Penny in restraining him. The legal proceedings in State Supreme Court in Manhattan will further investigate the incident to determine accountability and justice for the tragic outcome.
The case serves as a reminder of the importance of de-escalation techniques and appropriate responses in situations involving individuals in distress. It also highlights the need for thorough investigations and adherence to legal procedures to seek justice and prevent similar incidents in the future.
Source: The NY Times
