NY - Jordan Neely, killed by chokehold in subway during mental health crisis, Manhattan, 1 May 2023 *arrest* #2

[kittythehare]

Daniel Penny Indicted In Fatal Choking Of Jordan Neely On NYC Train

A grand jury reportedly indicted the 24-year-old Marine veteran in connection with the chokehold death of the Black street performer on a subway train.

www.huffpost.com

 

[kittythehare]

New York grand jury indicts former Marine in killing of Jordan Neely

A New York grand jury voted on Wednesday to indict Daniel Penny, a former U.S. Marine sergeant, in last month's killing of Jordan Neely, a homeless man, with a chokehold on a Manhattan subway car, a person familiar with the case said.

www.reuters.com

 

[JennieM]

I hope there's justice for Jordan.

"Penny, a 24-year-old Marine veteran, was indicted on a second-degree manslaughter charge in the May 1 confrontation with the homeless Neely, the sources said. A representative for Manhattan District Attorney Alvin Bragg declined to comment to NBC News.

A spokesperson for Penny also declined to comment."

Daniel Penny indicted by N.Y. grand jury in Jordan Neely subway death

The Marine veteran was indicted on a second-degree manslaughter charge in the May death of the homeless street performer.

www.nbcnews.com

 

[JennieM]

New York grand jury indicts former Marine in killing of Jordan Neely​

People hold a placard on the day of Jordan Neely's funeral, a man whose death has been ruled a homicide by the city's medical examiner after being placed in a chokehold on a subway train by former U.S. Marine Daniel Penny, in New York City, U.S., May 19, 2023. REUTERS/Shannon Stapleton/ Fiile Photo

New York grand jury indicts former Marine in killing of Jordan Neely

A New York grand jury voted on Wednesday to indict Daniel Penny, a former U.S. Marine sergeant, in last month's killing of Jordan Neely, a homeless man, with a chokehold on a Manhattan subway car, a person familiar with the case said.

www.reuters.com

 

[kittythehare]

Daniel Penny faces up to 15 years on 2nd-degree manslaughter charge in chokehold death of Jordan Neely

A Manhattan grand jury has indicted former Marine Daniel Penny about six weeks after he fatally choked homeless man Jordan Neely during a subway confrontation last month.

nypost.com

 

[kittythehare]

Daniel Penny indicted by grand jury in chokehold death of Jordan Neely on NYC subway, attorney says

Video taken by subway passengers showed the former Marine holding Neely in a chokehold for several minutes.

www.cbsnews.com

 

[kittythehare]

Exact charges are not yet known and will not be unsealed until Penny, 24, makes an appearance in court at a later date - expected to be July 17. He was initially arrested on a charge of second-degree manslaughter.

Ex-Marine Daniel Penny is indicted over death of Jordan Neely

On Wednesday, a Manhattan jury indicted former Marine Daniel Penny following an incident on the subway last month that resulted in the death of Jordan Neely.

www.dailymail.co.uk

 

[Lilibet]

The grand jury, consisting of ordinary citizens like us, has heard the entire account from witnesses…the details of which are not available to us yet. <modsnip: the charges he had been indicted on have not been made public> This decision should lay to rest for the time being the justifications presented for Penny killing Jordan Neely. The grand jury clearly did not believe that Neely’s history of violence was a factor in Penny restraining Neely until he died, since it’s unlikely that Penny knew of his history. The grand jury clearly did not believe that Neely’s rant about going to prison for life or throwing down his jacket constituted a direct threat to anyone on the subway. And they clearly did not believe that Penny’s chokehold was necessary to prevent Neely from harming either himself or others. It will be interesting to find out more as the case progresses.

JMO

 

[kittythehare]

The grand jury, consisting of ordinary citizens like us, has heard the entire account from witnesses…the details of which are not available to us yet. <modsnip> This decision should lay to rest for the time being the justifications presented for Penny killing Jordan Neely. The grand jury clearly did not believe that Neely’s history of violence was a factor in Penny restraining Neely until he died, since it’s unlikely that Penny knew of his history. The grand jury clearly did not believe that Neely’s rant about going to prison for life or throwing down his jacket constituted a direct threat to anyone on the subway. It will be interesting to find out more as the case progresses.

JMO

New York back on my tourist list for sure.
The people didn't let him down despite all the malice.

 

[AzPistonsGirl]

exactly. An indictment is not some easy to grant, flim flam request - there is a threshold and if there's not enough there there, then no indictment. Clearly, there was enough for an indictment. Let it play out, that's what the justice system is for (whether we agree with all of its tentacles or not).

 

[kittythehare]

Daniel Penny indicted by N.Y. grand jury in Jordan Neely subway death

The Marine veteran was indicted on a second-degree manslaughter charge in the May death of the homeless street performer.

www.nbcnews.com

 

[kittythehare]

Grand jury indicts Daniel Penny in chokehold death of New York City subway rider Jordan Neely

A man charged with manslaughter for putting an agitated New York City subway rider in a fatal chokehold has been indicted. Daniel Penny was charged last month in the death of Jordan Neely. New York City Mayor Eric Adams confirmed the indictment Wednesday, a procedural step that allows the...

apnews.com

 

[Sundog]

The grand jury, consisting of ordinary citizens like us, has heard the entire account from witnesses…the details of which are not available to us yet. The witness accounts and Penny’s own testimony (assuming he testified) were enough for the grand jury to indict Penny on second degree manslaughter and criminally negligent homicide charges. This decision should lay to rest for the time being the justifications presented for Penny killing Jordan Neely. The grand jury clearly did not believe that Neely’s history of violence was a factor in Penny restraining Neely until he died, since it’s unlikely that Penny knew of his history. The grand jury clearly did not believe that Neely’s rant about going to prison for life or throwing down his jacket constituted a direct threat to anyone on the subway. And they clearly did not believe that Penny’s chokehold was necessary to prevent Neely from harming either himself or others. It will be interesting to find out more as the case progresses.

JMO

Actually, none of us know that account the grand jury heard. We do know that grand juries don't hear from the defense, so it is likely that a lot of evidence was not presented. And we need to remember that the grand jury does not make a decision about guilt or innocence, only that the case can move forward to trial.

Edited spelling

<modsnip: unnecessary>

 

[Deleted member 39678]

Actually, none of us know that account the grand jury heard. We do know that grand jury's don't hear from the defense, so it is likely that a lot of evidence was not presented. And we need to remember that the grand jury does not make a decision about guilt or innocence, only that the case can move forward to trial.

<modsnip>

Correct. The Grand Jury only gets a one sided view of what happened and the defense has zero input into the decision making process. JMO.

 

[kittythehare]

A grand jury, at least in New York, is composed of anywhere between 16 to 23 jurors. They hear testimony and if 12 or more of them agree that a crime has been committed, they return an indictment. An indictment is a fancy word for accusation. Once a person is indicted, the case then proceeds to trial. In many states, including New York, you usually cannot proceed to trial on a felony complaint unless you have either been indicted. So, it is a critical part of the process. There is no judge in the grand jury. There is no defense attorney. And the defendant is not present unless he is testifying. The way the process works is the prosecutor ask the grand jury to consider charging a particular individual with whatever crime the prosecutor thinks the person committed. The prosecutor calls witnesses who establish that the defendant committed the crime that the grand jury is considering.

1. Our Federal Constitution requires that one may not be put on trial without “probable cause” (good reason) to believe he or she could be guilty. New York and the federal courts use the grand jury. If the grand jury finds sufficient evidence for probable cause, it gives a written statement of the charges against the defendant.

#ABKLaw BLOG by Michael Jaccarino: What exactly is a New York State Grand Jury? - Aidala, Bertuna & Kamins – New York City Trial Attorneys

What exactly is a New York State Grand Jury? What is a Grand Jury? A grand jury is a secretive body that is composed of regular people who get jury duty. There are two kinds of jury duty a person can get. The first is a summons to serve on a petit jury and the other is for a grand jury.

aidalalaw.com

<modsnip: quoted post was snipped>

 

[kittythehare]

Correct. The Grand Jury only gets a one sided view of what happened and the defense has zero input into the decision making process. JMO.

Actually

#ABKLaw BLOG by Michael Jaccarino: What exactly is a New York State Grand Jury? - Aidala, Bertuna & Kamins – New York City Trial Attorneys

What exactly is a New York State Grand Jury? What is a Grand Jury? A grand jury is a secretive body that is composed of regular people who get jury duty. There are two kinds of jury duty a person can get. The first is a summons to serve on a petit jury and the other is for a grand jury.

aidalalaw.com

 

[Deleted member 39678]

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant -- usually reserved for serious felonies.

How a grand jury works is much more relaxed than normal court room proceedings. There is no judge present and frequently there are no lawyers except for the prosecutor. The prosecutor will explain the law to the jury and work with them to gather evidence and hear testimony. Under normal courtroom rules of evidence, exhibits and other testimony must adhere to strict rules before admission. However, a grand jury has broad power to see and hear almost anything they would like.

How Does a Grand Jury Work? - FindLaw

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Learn about how a grand jury works, and more, at FIndLaw's section on Criminal Procedure.

www.findlaw.com

 

[Deleted member 39678]

Actually

#ABKLaw BLOG by Michael Jaccarino: What exactly is a New York State Grand Jury? - Aidala, Bertuna & Kamins – New York City Trial Attorneys

What exactly is a New York State Grand Jury? What is a Grand Jury? A grand jury is a secretive body that is composed of regular people who get jury duty. There are two kinds of jury duty a person can get. The first is a summons to serve on a petit jury and the other is for a grand jury.

aidalalaw.com

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Instead, a prosecutor will work with a grand jury to decide whether to bring criminal charges or an indictment against a potential defendant -- usually reserved for serious felonies.

How a grand jury works is much more relaxed than normal court room proceedings. There is no judge present and frequently there are no lawyers except for the prosecutor. The prosecutor will explain the law to the jury and work with them to gather evidence and hear testimony. Under normal courtroom rules of evidence, exhibits and other testimony must adhere to strict rules before admission. However, a grand jury has broad power to see and hear almost anything they would like.

How Does a Grand Jury Work? - FindLaw

The grand jury plays an important role in the criminal process, but not one that involves a finding of guilt or punishment of a party. Learn about how a grand jury works, and more, at FIndLaw's section on Criminal Procedure.

www.findlaw.com

From your link.

A grand jury, at least in New York, is composed of anywhere between 16 to 23 jurors. They hear testimony and if 12 or more of them agree that a crime has been committed, they return an indictment. An indictment is a fancy word for accusation. Once a person is indicted, the case then proceeds to trial. In many states, including New York, you usually cannot proceed to trial on a felony complaint unless you have either been indicted. So, it is a critical part of the process. There is no judge in the grand jury. There is no defense attorney. And the defendant is not present unless he is testifying.

 

[kittythehare]

Good article on Grand juries here.

A Crash Course in the American Grand Jury System

A Crash Course in the American Grand Jury System

www.pooleshaffery.com

 

[Deleted member 39678]

Good article on Grand juries here.

A Crash Course in the American Grand Jury System

A Crash Course in the American Grand Jury System

www.pooleshaffery.com

From your link.

Based on the influence of the prosecutor, who (other than the court reporter) is the only non-juror present and who selects the evidence to present, various studies have suggested that the rate of indictment by a grand jury ranges from approximately 95% to approximately 99%.