Daniel Penny’s attorneys identify man who helped restrain Neely
Fox News’ Laura Ingle reports on updates in the subway chokehold death of Jordan Neely.
Rev. Al Sharpton said during the funeral of Jordan Neely that "they put their arms around all of us" when Marine veteran Daniel Penny fatally choked a homeless man on a New York City train on May 1.
Penny, 24, is being charged on one count of second-degree manslaughter for allegedly choking Neely, 30, to death. Prosecutors say that Neely was "making threats and scaring passengers."
At Neely's funeral service on Friday, Sharpton told attendees that "when they choked Jordan, they put their arms around all of us," according to the New York Post.
"All of us have the right to live," Sharpton said.
NYC MARINE VETERAN CHARGED IN DEATH OF MAN 'MAKING THREATS AND SCARING PASSENGERS': PROSECUTORS
NEW YORK, UNITED STATES - MAY 19: The Rev. Al Sharpton speaks during the funeral of Jordan Neely at Mount Neboh Baptist Church in Harlem, New York City, United States on May 19, 2023. Neely was choked to death earlier this month on the subway by a marine veteran. (Lokman Vural Elibol/Anadolu Agency)
"Who thought it was alright for this man to choke a brother to death and go home to see his family?" Sharpton added. "Who gave the order it was alright to release him?"
In attendance at the funeral was Rep. Alexandria Ocasio-Cortez, D-N.Y.
"He contributed to this community," Ocasio-Cortez said. "What we saw today was a gathering of hundreds of people who knew him and saw him and valued him. It’s important a human life is recognized."
WITNESS TO JORDAN NEELY CHOKEHOLD DEATH CALLS DANIEL PENNY A 'HERO'
NEW YORK, UNITED STATES - MAY 19: People attended the funeral of Jordan Neely at Mount Neboh Baptist Church in Harlem, New York City, United States on May 19, 2023. Neely was choked to death earlier this month on the subway by a marine veteran. (Lokman Vural Elibol/Anadolu Agency)
Mourners attend the funeral service for Jordan Neely, at Mount Neboh Baptist Church in the Harlem neighborhood of New York City on May 19, 2023. The death of Jordan Neely, widely identified as a Michael Jackson impersonator who often performed on the train, was caught on camera and has angered activists and left-leaning lawmakers. The incident touches on two burning issues in the city, the many homeless people suffering mental illness and residents' fears for their safety as they travel in the subway. ( Ed Jones / AFP)
Penny was charged last week in the incident.
"Several witnesses observed Mr. Neely making threats and scaring passengers," Assistant District Attorney Joshua Steinglass said at the arraignment. "The defendant approached Mr. Neely from behind and placed him in a chokehold, taking him down to the ground."
KID ROCK TOP DONOR TO DANIEL PENNY'S DEFENSE IN NYC SUBWAY CHOKEHOLD DEATH
US Marine veteran Daniel Penny is walked out of the New York Police Department 5th Precinct in Lower Manhattan, May 12, 2023 on his way to a arraignment after he surrendered to authorities after being charged with 2nd Degree Manslaughter in the chokehold death of Jordan Neely. The death of Jordan Neely -- widely identified as a Michael Jackson impersonator who often performed on the train -- earlier this month sparked outrage. (Photo by TIMOTHY A. CLARY / AFP) (Photo by TIMOTHY A. CLARY/AFP via Getty Images) (Timothy Clary/AFP via Getty Images)
Penny's attorney, Thomas Keniff, argues that Penny was acting to protect himself as well as other passengers who felt threatened.
If convicted, Penny could face a maximum of 5 to 15 years in prison.
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Mourners attend the funeral service for Jordan Neely, at Mount Neboh Baptist Church in the Harlem neighborhood of New York City on May 19, 2023. The death of Jordan Neely, widely identified as a Michael Jackson impersonator who often performed on the train, was caught on camera and has angered activists and left-leaning lawmakers. The incident touches on two burning issues in the city, the many homeless people suffering mental illness and residents' fears for their safety as they travel in the subway. (Ed Jones/AFP)
Neely had a history of attacks against subway riders, including one 2021 instance where he punched a 67-year-old woman, breaking her orbital bone and nose, according to court records.
Fox News' Rebecca Rosenberg contributed to this report.
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