Daniel Penny charged with manslaughter in NYC subway chokehold death

NEW YORK (PIX11) --- Daniel Penny has been charged with manslaughter in the fatal chokehold death of Jordan Neely on a Manhattan subway train last month, authorities said.

Penny, 24, was also charged with criminally negligent homicide at his arraignment in a Manhattan court Wednesday, prosecutors said.  The former marine pleaded not guilty during the proceeding.

Penny is accused of coming up from behind Neely and putting him in a chokehold for several minutes on the northbound F train on May 1. Penny allegedly continued to restrain the Neely for several minutes after his body stopped moving, authorities said.

Emergency personnel tried to revive Neely at the Broadway-Lafayette stop before he was pronounced dead at the hospital, officials said.

Neely was a former Michael Jackson impersonator who struggled in recent years with homelessness and mental illness. Neely was shouting at passengers and begging for money when Penny allegedly pinned him to the floor of the moving subway car with the help of two other riders.

Penny was indicted by a grand jury earlier this month, but the charges were unsealed. After the indictment, defense lawyers said Penny had not intended to kill Neely, just hold him until police arrived.

Penny was released on $100,000 bail in a previous court appearance, according to court records.

Penny's lawyer Thomas Kenniff could not immediately be reached Wednesday.