Please ensure Javascript is enabled for purposes ofwebsite accessibilityMarine involved in fatal NYC subway chokehold was acting in self-defense, his lawyers say | WRGB
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Marine involved in fatal NYC subway chokehold was acting in self-defense, his lawyers say

by JULIAN BARON | The National Desk

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New York police officers administer CPR to a man at the scene where a fight was reported on a subway train, Monday, May 1, 2023, in New York. A man suffering an apparent mental health episode aboard a New York City subway died on Monday after being placed in a headlock by a fellow rider, according to police officials and video of the encounter. Jordan Neely, 30, was shouting and pacing aboard an F train in Manhattan, witnesses and police said, when he was taken to the floor by another passenger. (Paul Martinka via AP)
New York police officers administer CPR to a man at the scene where a fight was reported on a subway train, Monday, May 1, 2023, in New York. A man suffering an apparent mental health episode aboard a New York City subway died on Monday after being placed in a headlock by a fellow rider, according to police officials and video of the encounter. Jordan Neely, 30, was shouting and pacing aboard an F train in Manhattan, witnesses and police said, when he was taken to the floor by another passenger. (Paul Martinka via AP)
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NEW YORK CITY (TND) — Attorneys for the Marine veteran who placed a man in a lethal chokehold on the New York City Subway this week released a statement Friday declaring their client was acting in self-defense.

24-year-old Daniel Penny allegedly put Jordan Neely, a homeless repeat offender, in a chokehold on a New York City Subway car Monday, according to The New York Times. The exact circumstances leading up to the chokehold are unclear, but a bystander reportedly heard Neely say he was prepared to go to jail and "ready to die" shortly before Penny placed him in a chokehold, The New York Times reports.

"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," Penny's attorneys said in a statement Friday.

Penny has not been charged with a crime as of Friday evening, though the Manhattan District Attorney's Office is reportedly investigating the incident.

Filemon Baltazar, who was assaulted by Neely on the subway in 2019, told the New York Daily News that Penny "shouldn't be punished" and believes Neely should have been "in some rehab center." Neely had been arrested 42 times prior to the fatal incident, according to Newsweek.

READ MORE | Neely assault victim on chokehold controversy: 'The Marine shouldn't be punished'

The situation has drawn the attention of several major political figures over the course of the past several days. Rep. Alexandria Ocasio-Cortez, D-N.Y., claimed in a tweet Wednesday that Neely was "murdered," adding that he was "houseless and crying for food in a time when the city is raising rents and stripping services to militarize itself."

New York City Mayor Eric Adams, a fellow Democrat, pushed back on Rep. Ocasio-Cortez's comments during a television appearance Wednesday.

“I don’t think that’s very responsible at the time where we are still investigating the situation,” Adams said on CNN, referring to comments made by Rep. Ocasio-Cortez and City Comptroller Brad Lander.

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In their statement Friday evening, Penny's attorneys also expressed condolences for "those close to Mr. Neely," noting that "Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."

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