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Daniel Penny is charged with second-degree manslaughter in the death of Jordan Neely

Daniel Penny, the 24-year-old man who put Jordan Neely in a fatal chokehold on the New York City subway last week, was arraigned and criminally charged in a Manhattan court room Friday.

Penny, a former U.S. Marine, is facing a felony charge of second-degree manslaughter for the death of 30-year-old Neely. The charge carries a maximum sentence of 15 years in prison.

Penny pleaded not guilty. Bail was set at $100,000. His next court date is July 17.

"After an evaluation of the available facts and evidence, the Manhattan D.A.'s Office determined there was probable cause to arrest Daniel Penny and arraign him on felony charges. The investigation thus far has included numerous witness interviews, careful review of photo and video footage, and discussions with the Medical Examiner's Office. As this case proceeds, we will be constrained from speaking outside the courtroom to ensure this remains a fair and impartial matter," District Attorney Alvin Bragg said in a statement shortly after the arraignment. "Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time."

While riding in the same subway car on May 1, Neely was shouting he was hungry and thirsty. "Several witnesses observed Mr. Neely making threats and scaring passengers," Assistant District Attorney Joshua Steinglass said reading from the bail application read in court Friday.

That's when Penny approached Neely from behind and placed him in a chokehold. He continued to keep him there for several minutes, with two additional passengers helping Penny by restraining Neely's arms.

Neely's death has raised questions about race, justice, homelessness and mental health in America. Advocates for the homeless in New York City have blamed Neely's death on the city's policies surrounding people experiencing homelessness. [Copyright 2023 NPR]

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