Daniel Penny pleads not guilty in NY subway chokehold death of Jordan Neely

A erstwhile US Marine who placed a stateless antheral successful a fatal chokehold connected a New York City subway bid has pleaded not blameworthy to transgression charges.

Daniel Penny, 24, was indicted successful tribunal connected Wednesday connected counts of second-degree manslaughter and negligent homicide.

Witnesses said Jordan Neely, 30, was shouting astatine different subway passengers and asking for wealth erstwhile Mr Penny pinned him down for respective minutes connected 1 May.

Video of the confrontation sparked protests and counter-demonstrations.

Mr Penny faces up to 15 years successful situation if convicted of the manslaughter charge. He was arrested connected 12 May and released connected $100,000 (£80,000) successful bail.

His lawyers said helium could not person known his actions to subdue Mr Neely, a stateless thoroughfare performer with a past of intelligence illness, would pb to his death.

Mr Penny has said helium was acting successful self-defence successful the incidental connected a northbound F bid subway car successful Manhattan.

Witnesses said Mr Neely was shouting astir however helium was bare and consenting to instrumentality to jailhouse oregon die, though determination is nary denotation helium physically attacked anyone.

The incidental was filmed by bystanders, and a video captured by a freelance writer connected the bid shows Mr Penny holding Mr Neely astir the cervix for 2 minutes and 55 seconds.

He continued to restrain Mr Neely, including aft helium stopped moving, accidental prosecutors.

Emergency responders tried to resuscitate him, and helium was taken to hospital, wherever helium was pronounced dead.

The metropolis aesculapian examiner said his decease resulted from compression of the cervix and ruled it a homicide.

In a connection connected Wednesday, Manhattan District Attorney Alvin Bragg said helium hopes the Neely household is "on the way towards healing arsenic they proceed to mourn this tragic loss".

Mr Penny did not code reporters arsenic helium entered the Manhattan tribunal for Wednesday's little hearing.

Earlier this month, Mr Penny addressed the incidental connected societal media and said helium did not mean to termination Mr Neely.

"I was frightened for myself but I looked astir determination were women and children, helium was yelling successful their faces saying these threats. I conscionable couldn't beryllium still," helium said.

Outside court, attorneys for Mr Penny expressed assurance helium volition yet beryllium recovered not guilty.

"There is not a living, breathing psyche successful Manhattan that has not experienced a saltation of what not lone Mr Penny but different individuals experienced connected that subway car," lawyer Thomas Keniff said.

The suspect was ordered to instrumentality to tribunal connected 25 October for a pre-trial hearing.

A self-defence statement was the astir logical mode for Mr Penny to proceed, attorneys told the BBC.

The lawsuit is "dependent connected whether oregon not determination was an imminent harm posed to himself oregon others, and whether oregon not his behaviour was excessive", said Dmitriy Shakhnevich, a transgression defence lawyer and prof astatine John Jay Law School.

"That's truly it," helium said. "There's thing other successful this case."

That modular would beryllium rather high, said Lance Fletcher, a erstwhile authoritative who present works arsenic a New York defence attorney.

"They person to say, helium killed this feline and it wasn't justified, and nary tenable idiosyncratic would deliberation it was justified," Mr Fletcher said. "And that's going to beryllium tough."

Perception "has a immense interaction connected the case", said Mr Fletcher, "since this lawsuit is each astir justification".

Mr Neely was a Michael Jackson impersonator who often performed successful Times Square.

He had 42 arrests connected charges specified arsenic evading fares, theft and assaults connected 3 women, according to US media reports.

Mr Neely began experiencing intelligence wellness issues aft his mother's execution by her fellow successful 2007, his aunt, Carolyn Neely, told the New York Post past month.

New York Mayor Eric Adams has said Mr Neely's erstwhile offences item the request to amended the city's intelligence wellness system.

The lawsuit has go politically charged with conservatives - including Florida Governor and statesmanlike hopeful Ron DeSantis - praising Mr Penny arsenic a hero.

His detractors, specified arsenic US civilian rights person Reverend Al Sharpton, person characterised Mr Penny arsenic a vigilante successful the mould of Bernard Goetz, a achromatic antheral who changeable dormant 4 achromatic men connected a New York subway successful 1984.

Mr Penny's supporters person raised astir $3m (£2.37m) for his ineligible defence.

But Neely household lawyer Donte Mills said connected Wednesday: "For everyone who thought donating $3 cardinal would someway marque this spell distant oregon bargain his pass: It's not going to happen. You tin inquire for a refund."