Marine veteran Daniel Penny turned himself into police Friday in Lower Manhattan to face a manslaughter charge for fatally choking an erratic homeless man on the New York City subway.
He arrived in a black Cadillac Escalade, stepped out wearing a dark-colored suit, and was trailed by his attorney Thomas Kenniff.
Fox News senior correspondent Laura Ingle asked Penny if he had any comment on the charges as he entered the 5th precinct a little after 8 a.m., but he didn’t answer.
Penny, a 24-year-old college student, is expected to be transported from the precinct Friday to Manhattan Criminal Court and arraigned on one count of second-degree manslaughter.
A source told Fox News Digital that prosecutors are expected to ask for significant bail.
Penny put Jordan Neely, 30, in a chokehold May 1 during an altercation on a northbound F train.
According to a freelance journalist who recorded the confrontation, Neely, who suffered from mental illness, was allegedly acting aggressively and screaming at passengers in the subway car.
“He started screaming in an aggressive manner,” freelance journalist Alberto Vazquez told The New York Post. “He said he had no food, he had no drink, that he was tired and doesn’t care if he goes to jail. He started screaming all these things, took off his jacket, a black jacket that he had, and threw it on the ground.”
Penny dragged Neely to the ground from behind and held him in a chokehold, as he appeared to gradually lose consciousness, according to Vazquez and the footage.
The city’s medical examiner ruled the killing a homicide caused by compression of the neck.
Penny’s attorneys said he acted in self-defense to protect himself and other New Yorkers.
Mayor Eric Adams said at a press conference Thursday that “Jordan Neely did not deserve to die.”
The caught-on-video killing has highlighted grave public safety issues in the city’s subways and sparked widespread protests.
Outreach workers were so familiar with Neely that he was on the city’s “Top 50” list – an internal roster kept by the Department of Homeless Services of people most in need of help, the New York Post reported.
Neely had a history of violent attacks on subway riders – including, in 2021, punching a 67-year-old woman in the face, breaking her nose and orbital bone.