Man who choked subway passenger to death hands himself in to face manslaughter charge

Penny turned himself in at a Manhattan police station Friday morning.

Neely’s loss of life, captured on video by a contract journalist, has raised an uproar over many points, together with how these with psychological sickness are handled by the transit system and town, in addition to crime and vigilantism.

Penny’s attorneys didn’t reply to a request for remark after the prosecutors made their announcement on Thursday. They have beforehand mentioned Penny acted in self-defence.

According to an onlooker, Neely, who’s Black, had been screaming and begging for cash aboard the practice, however had not gotten bodily with anybody.

Penny, who’s white, was questioned by police within the aftermath, however was launched with out costs.

Friends of Neely mentioned the previous subway performer had been coping with homelessness and psychological sickness lately. He had a number of arrests to his identify, together with a 2021 assault of a 67-year-old lady leaving a subway station.

A second-degree manslaughter cost in New York would require the jury to search out that an individual has engaged in reckless conduct that creates an unjustifiable danger of loss of life, after which consciously disregards that danger.

The legislation additionally requires that conduct to be a gross deviation from how an inexpensive particular person would act in an identical scenario.