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Daniel Penny told officers ‘I had him pretty good,’ according to Manhattan DA documents

By

Samantha Max

Published Jun 28, 2023

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Daniel Penny in court Wednesday.

 

JUSTIN LANE/EPA-EFE/Shutterstock

By

Samantha Max

Published Jun 28, 2023

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A newly released document from the Manhattan district attorney’s office offers a glimpse into the criminal case against Daniel Penny, who pleaded not guilty to second-degree manslaughter and criminally negligent homicide in court on Wednesday morning.

The form submitted on Wednesday outlines a list of materials that prosecutors plan to turn over to Penny’s defense attorneys, including medical records, 911 calls and MTA MetroCard swipes.

Prosecutors said they’re sharing a video statement Penny made to detectives at the NYPD’s 5th Precinct hours after the incident. The DA’s office quotes Penny's statements to officers at the Broadway-Lafayette station, but is not clear about whether the quotes are paraphrased from officers' reports or taken verbatim from bodycam footage.

The filings don't add much detail to what prosecutors and Penny’s defense lawyers have already shared about the case. However, they're likely to be the public’s last window into the evidence for some time, since lawyers have agreed to keep all materials under seal.

Penny, 24, is accused of fatally choking Jordan Neely, a 30-year-old homeless man and well-known Michael Jackson impersonator, on an uptown F train last month.

A video of Penny with his arms wrapped around Neely’s neck sparked protests and calls for better treatment of New Yorkers who are homeless or need mental health treatment. Penny has said Neely was threatening subway riders and that he restrained Neely to protect himself and other straphangers.

The form released by prosecutors states that, in describing Neely’s actions, Penny told one officer: “He came on, threw all his s—t down, was very aggressive, going crazy. I was behind him, put him in a choke.” It says Penny also told the officer that Neely “was acting irate, dropping things on the floor, saying he doesn’t care if he goes to jail” and that people “were afraid for their safety.”

Prosecutors said Penny told two officers that Neely “was threatening everybody.” They also said he told a different officer that Neely was “going crazy.”

“The guy came in, he threw s—t, he’s like, 'I’m ready to go to prison for life, I’m ready to die, I’m ready to die,' and I was standing behind him,” prosecutors said Penny told an officer. “I think I might have just put him in a choke, put him down. We just went to the ground. He was trying to roll up, I had him pretty good.”

The form says Penny also told police that he was in the Marine Corps and provided his phone number.

Other materials the form include:

Penny was released after speaking with police the day of Neely’s death, according to prosecutors and his defense attorneys. He surrendered to the NYPD about a week-and-a-half later, after the DA’s office announced it was charging him with second-degree manslaughter.

A grand jury later voted to indict him on the manslaughter charge, as well as criminally negligent homicide.

Form submitted by prosecutors in the Daniel Penny Case. Gothamist has redacted Penny's phone number.

Tagged

Jordan Neely

public safety

manhattan

Samantha Max

Samantha reports on whether New Yorkers feel safe and whether the institutions that are supposed to protect them are working. Before coming to WNYC/Gothamist, she spent three years covering the criminal justice system in Tennessee for Nashville Public Radio. Her reporting on Nashville's police department received multiple awards, including the Daniel Schorr Journalism Prize. Samantha was also part of the inaugural class of Report for America, a service journalism program that sends up-and-coming reporters to local newsrooms across the country. She is a Northwestern University grad, a Baltimore native and fluent in Spanish. Got a tip? Email [email protected] or Signal: samanthamaxwnyc.93.

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Gothamist is funded by sponsors and member donations

Gothamist is funded by sponsors and member donations

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