An extended video of Marine veteran Daniel Penny putting homeless Jordan Neely in a fatal chokehold shows him holding Neely for 45 seconds after going limp, ignoring bystanders who warned, “You’re going to kill him.”
Penny was questioned by the NYPD on Monday but was released without charge.
The investigation is ongoing and it is likely that a grand jury will be set up to determine whether or not to press charges. Penny’s lawyer tells DailyMail.com that they have reached out to the DA and NYPD to work together.
ABC quotes law enforcement sources as saying the prosecution has spoken to six witnesses but is looking for at least four more.
The first footage showed Penny holding Neely in a stranglehold while two other men held his arms, but not the moment when Penny released him.
The former Marine who put homeless Jordan Neely in a deadly stranglehold on the NYC subway has been formally identified as Daniel J. Penny (right)
Neely fell limp in Penny’s arms. When he stopped responding, Penny let go of him and stood up
Witnesses say Neely, who was schizophrenic, was acting erratically, throwing garbage and screaming that he wanted to ‘die’ or ‘go to jail’ because he was tired of not having food.
The longer video released today shows the three minutes and 52 seconds after the train pulled into Broadway Lafayette station at 2:30 p.m. Monday.
The footage begins with Penny already with Neely in a chokehold. For two minutes and five seconds, Neely struggled to the floor, swinging his feet.
He fell limp after two minutes and six seconds, when a passer-by had boarded the train.
The man – who can be heard but not seen – warned Penny that Neely had defecated, which he believed was a sign he was dying.
“He’s insulted himself … you’re going to kill him now,” he said.
After being warned that Neely could die, Penny (left) and the other man who helped restrain him (right) continued to restrain him for several more seconds. He jumped up when Neely stopped responding
The men then placed Neely in the lateral position. His limbs were limp at the time
Another man who helped Penny restrain Neely replied that it was an old stain on Neely’s pants and that Penny was no longer ‘pinching’.
‘Isn’t he squeezing? Okay. Because after he relieves himself, that’s it. You must let him go,’ he replied.
He then warned of a ‘murder charge’.
The second man turned to Neely and said, “Hey, can you hear me?” The man met a hush and told Penny to get up.
Penny says nothing, but lets go of Neely and jumps to her feet.
The unknown bystander is heard to say, “That was one hell of a stranglehold, man.”
In the next few seconds, Penny and the other man who had helped him try to put Neely in the side position.
After three minutes and 50 seconds, Neely appears to convulse or take a deep breath.
The video ends after three minutes and 52 seconds. It is unclear whether he has moved again.
Penny was questioned Monday but has not been arrested. His lawyers say they have contacted the NYPD and the district attorney’s office to cooperate with the investigation
Neely was a Michael Jackson impersonator whose mental health had deteriorated in recent years, according to his family
The NYC Medical Examiner, which yesterday ruled Neely’s death a homicide, has not confirmed the exact time of death.
The police arrived at the scene, but Neely did not regain consciousness.
He was pronounced dead at Lenox Hill Hospital later that afternoon.
Manhattan DA Alvin Bragg must now weigh whether or not to press charges.
He and the NYPD are appealing to the public for information about the incident. There were no surveillance cameras on board the train in question.
In a statement yesterday, a spokesperson for the prosecution said: “This is a solemn and serious case that ended in the tragic loss of Jordan Neely’s life.
“As part of our rigorous ongoing investigation, we will review the medical examiner’s report, review all available video and photo footage, identify and interview as many witnesses as possible, and obtain additional medical records.
“This investigation is being conducted by senior, experienced prosecutors and we will provide an update when there is additional public information to share.
“The Manhattan DA’s Office encourages anyone who witnessed or has information about this incident to call 212-335-9040.”
During the protest, activists chanted, “F*** Eric Adams!” and ‘black lives matter’
“Jordan was killed here,” read a protester’s graffiti at the subway station last night
Protesters on Broadway last night after Neely’s death was ruled a homicide