Prosecution Says Jordan Neely Was Held In Chokehold By Former Marine After He ‘Ceased All Purposeful Movement’ In NYC Subway Incident

Assistant District Attorney Joshua Steinglass filed a motion establishing Penny's lethal actions as 'unnecessary.'

Prosecutors in the case of former U.S. Marine Daniel Penny, who allegedly killed Jordan Neely on an NYC subway by holding him in a six-minute chokehold, claim that Neely was held for over one minute after he “ceased all purposeful movement,” CNN reports. On Nov. 15, Assistant District Attorney Joshua Steinglass filed a motion to establish Penny’s lethal actions as “unnecessary.”

“The evidence before the grand jury establishes that Jordan Neely transitioned from life to the throes of death during the precise moments that he was being held in a chokehold by the defendant,” the filing states. Steinglass also alleges that Penny’s actions were not motivated by “rampant and universal panic” as presented by his defense team and that witness accounts of the day differed from those of the suspect.

“Many witnesses relayed that Mr. Neely expressed that he was homeless, hungry, and thirsty. Most recount that Mr. Neely indicated a willingness to go to jail or prison,” he said.

Penny’s attorneys have asked that the case be dismissed due to the threat Neely posed to fellow passengers. They also allege that Penny’s “restraint” of the 30-year-old man was not a chokehold and did not employ continuous pressure to his neck, ABC News reports.

“The prosecution also omits mention of the numerous eyewitnesses who described how Neely violently resisted the attempt to restrain him,” Penny’s defense attorney Thomas Kenniff said.

Steinglass asserts that Penny’s actions after Neely appeared to be “twitching” and displaying “the kind of agonal movement that you see around death” were, at best, reckless, which is foundational to his charge of second-degree manslaughter.

“The notion that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond the pale,” he said.

Penny pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide. He is scheduled to appear in court on Dec. 6.