The former U.S. Marine sergeant accused of fatally strangling Jordan Neely, a homeless man, in a chokehold in a New York subway car last month pleaded not guilty to charges of manslaughter and criminally negligent homicide in a court appearance on Wednesday.
Daniel Penny, 24, was captured in videos recorded by bystanders putting Neely in a chokehold from behind for several minutes on May 1 while they rode on an F train in Manhattan.
Penny first appeared in the Manhattan Criminal Court on May 12 on a charge of second-degree manslaughter, a felony crime that carries a maximum sentence of 15 years in prison. Judge Kevin McGrath released Penny on a $100,000 bond and ordered him to surrender his passport.
After that hearing, a grand jury voted to indict Penny on June 14.
In the minutes before he was killed, Neely, a 30-year-old former Michael Jackson impersonator who struggled with mental illness, had been shouting about how hungry he was and that he was willing to return to jail or die, according to passengers on the subway car.
Penny has said he acted to defend himself and other passengers, and did not intend to kill Neely, and he has been hailed as a hero by prominent Republican politicians. Protesters have decried Penny as a vigilante and described Neely's death as a lynching.
Penny was questioned by police that day but would not be arrested and make an initial court appearance until 11 days after the killing.
Neely had been in and out of the city's homeless shelters in recent years, and his family say his mental health worsened dramatically after his mother was murdered when he was a teenager. He had been arrested many times, most recently for punching a 67-year-old woman in 2021, breaking bones in her face.
(Reporting by Jonathan Allen in New York; Editing by Alistair Bell and Jonathan Oatis)