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:
- Witness statements
- Photographs and drawings
- Search warrant materials
- Body camera video
- Cellphone videos from at least two witnesses (though the DA’s office could not specify if the videos are from eyewitnesses)
- MTA surveillance footage from the day of the incident and the day prior
- Penny’s Facebook account
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.
