Lawyers for Jordan Neely’s family express concern over Daniel Penny’s motion to dismiss

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Attorneys Donte Mills and Lennon Edwards, spokespeople for Jordan Neely’s family, told the Amsterdam News they are concerned about last month’s court filing seeking to dismiss second degree manslaughter charges against Daniel Penny over the Black New Yorker’s death earlier this year.

“We are aware that a motion was filed to dismiss the case against Daniel Penny for the senseless killing of Jordan Neely,” they said. “More importantly, we are aware of the history of these types of cases and the routine outcomes that don’t deliver justice. Alvin Bragg and the District Attorney’s office are responsible for the criminal part of this case. We legally cannot intervene in that process.  

“There are questions about whether they did everything right from the beginning of the case and that makes the outcome uncertain. As you can imagine, we are concerned.”

The plans for a motion to dismiss by Penny’s defense were first reported on October 10 and cited multiple witnesses feared for their safety, per their grand jury testimony. 

Before his May 1 death, Neely, who was unhoused and experienced serious mental illness, entered an uptown-bound subway car and threw his jacket while yelling before Penny placed the 30-year-old in a fatal chokehold, which was documented on video. 

Dueling narratives spawned from the incident, with Penny’s proponents arguing the former Marine intervened to protect fellow passengers. They raised almost $3 million for his defense fund. But others want accountability for the death of an unhoused Black man during a crisis with multiple large demonstrations through the city before Penny’s arrest over a week after the encounter. 

The Manhattan District Attorney’s Office did not comment during the filing, but a spokesperson said a response is planned by this year. After Penny was arraigned, Bragg said the DA’s office was “constrained from speaking outside the courtroom (about the case) to ensure this remains a fair and impartial matter.”
Tandy Lau is a Report for America corps member who writes about public safety for the Amsterdam News. Your donation to match our RFA grant helps keep him writing stories like this one; please consider making a tax-deductible gift of any amount today by visiting https://bit.ly/amnews1.