The lawyer representing <a href="https://www.dailywire.com/news/judge-refuses-to-dismiss-subway-death-case-against-daniel-penny" target="_blank" rel="noopener">Daniel Penny</a> voiced his frustration after New York City prosecutors said they <a href="https://www.dailywire.com/news/nyc-subway-rider-wont-be-charged-after-allegedly-shooting-aggressive-man-in-self-defense" target="_blank" rel="noopener">will not seek charges</a> for a man who they said acted in &#8220;self-defense&#8221; when he allegedly <a href="https://www.dailywire.com/news/man-shot-in-head-on-nyc-subway-video-shows-passengers-scramble-to-get-away-moments-before-shooting" target="_blank" rel="noopener">shot an aggressive subway rider</a> earlier this week.
Thomas Kenniff <a href="https://www.foxnews.com/video/6349026055112" target="_blank" rel="noopener">told</a> Fox News host Jesse Waters on Friday that he was &#8220;happy&#8221; to see that Younece Obuad, the man identified as the subway shooter, was not charged for defending himself from 36-year-old Dajuan Robinson. Penny&#8217;s lawyer, however, added that it&#8217;s &#8220;absolutely frustrating&#8221; to see his client charged while Penny was also acting to defend himself and others on the subway.
Penny, a Marine veteran, was arrested and charged last year with second-degree manslaughter and criminally negligent homicide after he restrained Jordan Neely, a homeless man who was allegedly threatening passengers on a subway car. Neely died following the incident.
&#8220;What&#8217;s interesting, Jesse, having watched that video, so much of what my client encountered last May on the subway when he was coming back from college and Jordan Neely entered the subway car &#8230; so much of it began in a similar way we see this video beginning,&#8221; Kenniff said.
&#8220;You really get an appreciation of how my client, Daniel Penny, handled this situation,&#8221; Kenniff added. &#8220;He went up behind Jordan Neely and used, not a chokehold, but a restraint move to take him down to the ground. It&#8217;s uncontested by the eyewitnesses who were on that subway car that Danny went down and took the fall and brought Jordan Neely down on top of him and restrained him with the intent of waiting until police arrived.&#8221;
&#8220;If you approach it a different way as we saw in the video you just showed and you square off with someone, you don&#8217;t know if they&#8217;re armed &#8230; and the situation can devolve into exactly what we saw on that video,&#8221; Penny&#8217;s lawyer said.
Robinson was shot on Thursday after getting into a verbal spat and then a fistfight with Obuad, the alleged shooter. Video footage of the incident showed Robinson yelling at the other man, “I’ll beat you up!” before getting in his face and saying, “F*** your race. F*** your kind. F*** you.”
Shortly after the two men got into the verbal tussle, they squared up, causing subway passengers around them to move to a different area of the train. “There’s babies on here!” one woman shouted as the men began to fight. Robinson eventually pushed the other man down onto a seat and punched him several times before a woman attempted to stop him from delivering any more blows.
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The fight was briefly broken up when another man, along with the woman, stepped in between the two men. The video showed blood on the back of the 36-year-old Robinson, who asked if the other man had stabbed him. Robinson continued to move toward the other man and eventually pulled out a handgun, causing passengers to scramble toward the other end of the train with some people screaming, “Get down! Get down!” and “Let me out!”
Multiple gunshots then rang out, but the video doesn’t show the shooting as the person recording runs off the train when it comes to a stop. Police said the 32-year-old man wrestled the Ruger .380-caliber firearm away from Robinson before shooting him four times.
<div class="ad-wrapper">
<div id="pb-slot-incontent-1" class="ad-unit" data-google-query-id="CP6CipDC-YQDFeuvywEdrhcPnQ">Robinson reportedly remains in critical condition.</div>
</div>

Daniel Penny

Daniel Penny’s Lawyer Addresses Similarities Between His Client’s Case And NYC Subway Shooting: ‘It’s Absolutely Frustrating’

Daniel Penny's Lawyer Addresses Similarities Between His Client's Case And NYC Subway Shooting: 'It's Absolutely Frustrating'

Crime

Jordan Neely

New York City

Subway

U.S.

A lawyer for <a href="https://www.dailywire.com/topic/daniel-penny" target="_blank" rel="noopener">Daniel Penny</a> told Daily Wire Editor Emeritus Ben Shapiro in an interview on Thursday that accusations of racial bias against the former Marine were utterly &#8220;baseless.&#8221;
Penny <a href="https://www.dailywire.com/news/daniel-penny-pleads-not-guilty-to-charges-over-jordan-neelys-death" target="_blank" rel="noopener">pled not guilty</a> to one count of second-degree manslaughter and one count of negligent homicide on Tuesday after he was accused of killing Jordan Neely, a homeless man with a violent criminal record, on a Manhattan subway train on May 1.
Some in the media seemed to turn the incident into a racial issue because Penny was white and Neely black. Tom Kenniff, a lawyer representing Penny, told <a href="https://www.dailywire.com/episode/ep-1757-biden-is-obviously-a-corrupt-liar-member-exclusive" target="_blank" rel="noopener">Shapiro on his Thursday podcast</a> that it was nothing other than &#8220;reckless, vitriolic speculation&#8221; to turn the incident on the subway into a racial incident, saying that Penny &#8220;doesn&#8217;t have any racial animus.&#8221;
Kenniff told Shapiro that he had no doubt that Penny would be exonerated. Last month, Penny placed Neely in a chokehold on the floor of a Manhattan subway car to subdue him after witnesses said Neely was making threatening comments toward passengers on board the vehicle.
“We have absolutely no doubt that ultimately our client will be exonerated. But, you know, the law recognizes and we as a people should recognize that the mere act of being the subject of a criminal prosecution, regardless of how it turns out, is a life-altering, traumatizing thing for anyone,” he said.
Neely <a href="https://www.nbcnews.com/news/nbcblk/daniel-penny-pleads-not-guilty-nyc-subway-chokehold-death-jordan-neely-rcna91611" target="_blank" rel="noopener">reportedly</a> said he was ready to go to jail for the rest of his life and was ready to die.
“Anyone who knows anything about the New York criminal justice system knows that there is only one way that one could go to prison for the rest of their life, and that&#8217;s to take another life,” Kenniff told The Daily Wire co-founder. “So that&#8217;s the environment that my client was in, and this case is all about, you know, what he reasonably perceived and what a person in his situation would have reasonably perceived.”
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Penny <a href="https://www.dailywire.com/news/grand-jury-indicts-daniel-penny-in-death-of-jordan-neely-reports" target="_blank" rel="noopener">was indicted on</a> June 14 after New York officials promised to investigate the incident. The indictment was praised by attorneys for Neely’s family.
A <a href="https://www.givesendgo.com/daniel_penny" target="_blank" rel="noopener">GiveSendGo campaign</a> set up to pay Penny’s legal expenses has already raised more than $2 million. Penny&#8217;s next court appearance is set for September 25.

Daniel Penny Arraigned In Subway Chokehold Death Of Jordan Neely

Lawyer For Daniel Penny Blasts ‘Reckless’ Speculation About Racial Motivation In Subway Confrontation

Lawyer For Daniel Penny Blasts 'Reckless' Speculation About Racial Motivation In Subway Confrontation

Manhattan

Prosecutors in U.S. Marine veteran <a href="https://www.dailywire.com/topic/daniel-penny" target="_blank" rel="noopener">Daniel Penny</a>&#8216;s case, who pled not guilty on Wednesday in Jordan Neely&#8217;s subway chokehold death last month, said they have additional cellphone video from witnesses of the incident.
Penny has been <a href="https://www.dailywire.com/news/daniel-penny-pleads-not-guilty-to-charges-over-jordan-neelys-death" target="_blank" rel="noopener">accused</a> of killing Neely in New York City last month after placing him in a chokehold on the floor of a Manhattan subway car. Witnesses said Neely was making threatening comments toward passengers on board the vehicle, prompting the U.S. Marine to subdue Neely.
&#8220;He was pacing back and forth on the car,&#8221; Penny said. &#8220;I came from behind and put him in a chokehold. People in the subway were afraid for their safety.&#8221;
Court documents filed on Wednesday reported by the <a href="https://nypost.com/2023/06/28/daniel-penny-pleads-not-guiltyto-manslaughter-charge/" target="_blank" rel="noopener">New York Post</a> said prosecutors claim they obtained at least five other cellphone videos from three separate witnesses in the deadly incident, which they plan to use as evidence in an upcoming trial.
The documents also state prosecutors have two witnesses&#8217; videotaped statements, two MTA surveillance videos, and police body camera footage. Other disclosures in the documents from prosecutors include a videotaped statement that Penny made to police the day of the incident before authorities released him without charges.
&#8220;He came on, threw all his s*** down, was very aggressive, going crazy,&#8221; Penny told police, according to the court document. &#8220;I was behind him, put him in a choke,&#8221; adding Neely was &#8220;acting irate, dropping things on the floor, saying he doesn&#8217;t care if he goes to jail.&#8221;
Neely, a homeless man with over 40 arrests, had a known history of mental issues before he died. His most recent arrest happened in November 2021, when authorities charged him with felony assault after being accused of &#8220;slugging a 67-year-old female stranger in the face.&#8221;
After pleading guilty to the latter charge, Neely reportedly failed to appear in court, leading to an active warrant for his arrest at the time of his death.
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After Neely&#8217;s death, Penny surrendered to authorities on May 12.
Penny was indicted on June 14 after New York officials promised to investigate the incident. He pled not guilty to second-degree manslaughter and negligent homicide before being freed on $100,000 bail.
“Daniel Penny stands indicted for Manslaughter after allegedly putting Jordan Neely in a deadly chokehold for several minutes until and after he stopped moving,&#8221; Manhattan District Attorney Alvin L. Bragg said in a <a href="https://manhattanda.org/d-a-bragg-announces-manslaughter-indictment-of-daniel-penny-for-the-death-of-jordan-neely/" target="_blank" rel="noopener">news release.</a> &#8220;I hope Mr. Neely’s loved ones are on the path towards healing as they continue to mourn this tragic loss.&#8221;
Penny faces up to 19 years in prison if convicted on both counts.
&#8220;We are a long way off from trial, but all the evidence we&#8217;ve seen is that our client acted under the law,&#8221; said Thomas Keniff, a lawyer for Penny.
Penny&#8217;s defense team has consistently maintained his innocence, saying the evidence is in their favor.
&#8220;While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low, and there has been no finding of wrongdoing,&#8221; Steven Raiser, also an attorney for Penny, said. &#8220;We&#8217;re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny&#8217;s actions on that train were fully justified.&#8221;
Attorneys for Neely&#8217;s family praised the indictment.
&#8220;The grand jury&#8217;s decision tells our city and our nation that &#8216;no one is above the law&#8217; no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews,&#8221; Neely&#8217;s family lawyers said.
Penny is scheduled to appear in court next on October 25.
Leif Le Mahieu contributed to this report.

Prosecutors Plan To Use More Footage, Statements From Jordan Neely’s NYC Subway Death In Upcoming Trial: Report

Alvin Bragg

Marine veteran Daniel Penny pled not guilty to manslaughter and negligent homicide charges on Wednesday after being accused of killing Jordan Neely on a <a href="https://www.dailywire.com/topic/new-york-city" target="_blank" rel="noopener">New York City</a> subway train last month. 
On May 1, Penny placed Neely in a chokehold on the floor of a Manhattan subway car to subdue him alongside other passengers after witnesses said Neely was making threatening comments towards passengers on board the vehicle. 
Penny <a href="https://abcnews.go.com/US/daniel-penny-expected-court-chokehold-death-jordan-neely/story?id=100334248" target="_blank" rel="noopener">pled not guilty</a> to second-degree manslaughter and negligent homicide before being freed on $100,000 bail. “We are a long way off from trial, but all the evidence we’ve seen is that our client acted under the law,” said Thomas Keniff, a lawyer for Penny. 
Neely, a homeless man with more than 40 arrests, had a known history of mental issues before he died. The New York Daily News <a href="https://www.nydailynews.com/new-york/ny-subway-chokehold-victim-20230503-4o33lbkdufb7lbf36jeur52z3i-story.html" target="_blank" rel="noopener">reported</a> that Neely was most recently arrested in November 2021 on felony assault charges after being accused of “slugging a 67-year-old female stranger in the face.” After pleading guilty to the latter charge, Neely failed to appear for court, leading to a warrant being active for his arrest at the time of his death, per <a href="https://www.usatoday.com/story/news/nation/2023/05/11/manslaughter-charge-jordan-neely-chokehold-death/70209542007/">USA Today</a>. 
“Daniel Penny did not have the courage to look Mr. Jordan’s father in the eye,” said Dante Mills, a lawyer for the Neely family. 
Penny <a href="https://www.dailywire.com/news/grand-jury-indicts-daniel-penny-in-death-of-jordan-neely-reports" target="_blank" rel="noopener">was indicted on</a> June 14 after New York officials promised to investigate the incident. The indictment was praised by attorneys for Neely’s family.
“The grand jury&#8217;s decision tells our city and our nation that &#8216;no one is above the law&#8217; no matter how much money they raise, no matter what affiliations they claim, and no matter what distorted stories they tell in interviews,&#8221; Neely’s family lawyers said.
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Penny’s defense team has consistently maintained his innocence, saying the evidence is in their favor. 
&#8220;While we respect the decision of the grand jury to move this case forward to trial, it should be noted that the standard of proof in a grand jury is very low and there has been no finding of wrongdoing. We&#8217;re confident that when a trial jury is tasked with weighing the evidence, they will find Daniel Penny&#8217;s actions on that train were fully justified,” lawyer Steven Raiser said. 
Penny <a href="https://www.dailywire.com/news/daniel-penny-breaks-his-silence-following-the-death-of-jordan-neely" target="_blank" rel="noopener">spoke out after the incident,</a> saying Neely&#8217;s skin color was not a factor. 
“This had nothing to do with race,” he said. “I judge a person based on their character. I’m not a white supremacist. I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you, I love all people, I love all cultures.”
Penny is scheduled to appear in court next on October 25.

Daniel Penny Pleads Not Guilty To Charges Over Jordan Neely’s Death

Daniel Penny Pleads Not Guilty To Charges Over Jordan Neely's Death

Courts

New York

The treatment of New York subway Samaritan Daniel Penny is just more proof that there is a “two-tiered system of justice” in blue cities, Daily Wire Editor Emeritus <a href="https://www.dailywire.com/author/ben-shapiro" target="_blank" rel="noopener">Ben Shapiro</a> said Thursday.
Shapiro was responding on <a href="https://www.dailywire.com/episode/ep-1747-the-woke-lynching-of-daniel-penny5" target="_blank" rel="noopener">his podcast</a> to the news that Penny, a former Marine who is accused of killing Jordan Neely, was <a href="https://www.dailywire.com/news/grand-jury-indicts-daniel-penny-in-death-of-jordan-neely-reports" target="_blank" rel="noopener">indicted by a grand jury in Manhattan</a>. The Daily Wire co-founder said that the law is being enforced inconsistently in Democrat-run cities, especially if a white person is accused of harming a black person. 
“So take, for example, in the case in which a crazed white homeless person is subdued by a law-abiding black American Marine, and then the white person dies, do you think that black person is going to end up in the dock, indicted by a grand jury and prospectively spending the rest of his life in prison?” Shapiro wondered. 
Shapiro noted the complexity of the Penny case, as several witnesses on the train reported that Neely, who had a violent past, was making threatening comments toward passengers on the train. Video shows Penny putting Neely in a headlock on the floor of a subway in an attempt to subdue him alongside other passengers. 
“When that sort of thing happens, you don&#8217;t prosecute the person who&#8217;s responsible for defending the life and limb of innocent citizens from a crazed homeless person on the subway. And yet that is precisely what&#8217;s happening in New York,” Shapiro said. “And the reason that&#8217;s happening, is because Daniel Penny is white. There&#8217;s just no other way to read this. If Daniel Penny, you were a black man, this would not be in court.”
The Daily Wire host also took the media to task for its role in shaping the narrative around controversial incidents. 
“Now, the media immediately went into spin mode after this incident and they released old tape of Jordan Neely dancing like Michael Jackson, the obviously innocent Michael Jackson impersonator, this innocent Michael Jackson impersonator. He was just dancing his life away when he was accosted and attacked by this evil white person,” Shapiro said, before noting that Neely had been arrested 42 times, including once for punching a 67-year-old woman in the head. 
While the exact charges are still unknown, Penny has maintained his innocence, saying that he was just trying to protect people on the subway.

Daniel Penny Charged With 2nd Degree Manslaughter In Subway Death Of Jordan Neely

Ben Shapiro Explains How Daniel Penny Case Illustrates ‘Two-Tiered’ Justice System In Blue Cities

Ben Shapiro

A grand jury in Manhattan indicted <a href="https://www.dailywire.com/news/marine-vet-accused-of-killing-jordan-neely-turns-himself-in-after-charge-against-him-revealed" target="_blank" rel="noopener">Daniel Penny</a>, the man who put Jordan Neely into a fatal headlock aboard a <a href="https://www.dailywire.com/topic/new-york-city" target="_blank" rel="noopener">New York City</a> subway train last month, according to multiple reports on Wednesday.
The New York Post, which reported the indictment <a href="https://nypost.com/2023/06/14/daniel-penny-indicted-in-chokehold-death-of-jordan-neely/?utm_source=twitter&amp;utm_medium=social&amp;utm_campaign=nypost" target="_blank" rel="noopener">based on sources</a>, said exact charges remain unclear. The charges will be unsealed when Penny is arraigned on the indictment at a later date, <a href="https://abc7ny.com/daniel-penny-jordan-neely-subway-death-indicted/13382524/?ex_cid=TA_WABC_TW&amp;taid=648a24a4ed2f6d0001b5eb38&amp;utm_campaign=trueAnthem:+New+Content+(Feed)&amp;utm_medium=trueAnthem&amp;utm_source=twitter" target="_blank" rel="noopener">a local ABC affiliate reported</a>.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
BREAKING: A Manhattan grand jury has indicted former U.S. Marine Daniel Penny in connection with the chokehold death of Jordan Neely aboard a subway train.<a href="https://twitter.com/TheBuckEsq?ref_src=twsrc%5Etfw">@TheBuckEsq</a> has more. <a href="https://t.co/ufGBVJAl9N">pic.twitter.com/ufGBVJAl9N</a>
&mdash; ABC News Live (@ABCNewsLive) <a href="https://twitter.com/ABCNewsLive/status/1669082624462057474?ref_src=twsrc%5Etfw">June 14, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
&#8220;I appreciate DA [Alvin] Bragg conducting a thorough investigation into the death of Jordan Neely,&#8221; New York City Mayor Eric Adams said in a statement. &#8220;Like I said when the DA first brought charges, I have the utmost faith in the judicial process, and now that the Grand Jury has indicted Daniel Penny, a trial and justice can move forward.&#8221;
Penny, who has been identified as a Marine veteran in his mid-20s, previously <a href="https://www.dailywire.com/news/marine-vet-accused-of-killing-jordan-neely-turns-himself-in-after-charge-against-him-revealed" target="_blank" rel="noopener">surrendered</a> to law enforcement in New York on second-degree manslaughter charges about a month ago. At the time, Penny did not enter a plea and was released on $100,000 bail. A conviction on a manslaughter charge could put Penny in prison for up to 15 years.
Attorneys representing Penny had said they “fully expect that Danny will be exonerated of all charges,” according to <a href="https://abc7chicago.com/former-marine-accused-of-choking-subway-rider-to-death-released-on-/13242081/" target="_blank" rel="noopener">ABC News</a>.
Penny and some witnesses claimed Neely, a homeless man known over the years for his dancing Michael Jackson impersonations, as well as mental health issues and extensive criminal history, was shouting and threatening riders aboard a subway train on May 1.
Bystander video showed a man, later identified as Penny, already restraining Neely in a headlock on the floor of a subway train with the help of others. Neely appeared to lose consciousness and was pronounced dead after being taken to a hospital, according to the <a href="https://apnews.com/article/subway-chokehold-jordan-neely-eric-adams-ny-32738691fce26628a698fc3b10550320">Associated Press</a>. New York City&#8217;s medical examiner <a href="https://nypost.com/2023/05/03/medical-examiner-rules-jordan-neelys-death-a-homicide-after-subway-choking/">ruled</a> Neely&#8217;s death a homicide due to “compression of neck (chokehold),&#8221; but the ruling did not determine culpability.
Lawyers representing Neely&#8217;s family have picked up on the claim that Penny held Neely in a headlock for 15 minutes and demanded Penny face a more-serious <a href="https://www.amny.com/news/neely-family-lawyers-penny-manslaughter-charge-isnt-enough/" target="_blank" rel="noopener">murder charge</a>. “Daniel Penny wasn’t attacked, he wasn’t hit. But he put him [Neely] in a chokehold. He came up from behind and he didn’t let Jordan go for 15 minutes,” attorney Donte Mills said, according to local news station <a href="https://pix11.com/news/local-news/manhattan/daniel-penny-speaks-out-first-time-since-jordan-neelys-death/" target="_blank" rel="noopener">PIX11</a>.
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In video clips released by his lawyers over the weekend, Penny said he jumped into action to protect himself and commuters. Penny also claimed the entire interaction <a href="https://www.dailywire.com/news/daniel-penny-speaks-out-about-death-of-jordan-neely-disputes-key-claim-about-headlock" target="_blank" rel="noopener">lasted less than five minutes</a>, not 15 minutes as was reportedly stated by an independent journalist who recorded video of the encounter.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
New video released by Daniel Penny.<a href="https://t.co/ITZumm4iWU">pic.twitter.com/ITZumm4iWU</a>
&mdash; Citizen Free Press (@CitizenFreePres) <a href="https://twitter.com/CitizenFreePres/status/1668101985411710976?ref_src=twsrc%5Etfw">June 12, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
&#8220;Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him,&#8221; Penny added. &#8220;You can see in the video there’s a clear rise and fall of his chest, indicating that he’s breathing. I’m trying to restrain him from being able to carry out the threats.&#8221;
In addition, Penny denied that race was a motivating factor. He called such claims &#8220;absolutely ridiculous,&#8221; adding, &#8220;I didn&#8217;t see a black man threatening passengers. I saw a man threatening passengers, a lot of whom were people of color.&#8221;

US Marine veteran Daniel Penny

Grand Jury Indicts Daniel Penny In Death Of Jordan Neely: Reports

<a href="https://www.dailywire.com/news/marine-vet-accused-of-killing-jordan-neely-turns-himself-in-after-charge-against-him-revealed" target="_blank" rel="noopener">Daniel Penny</a>, the man who put Jordan Neely into a fatal headlock aboard a <a href="https://www.dailywire.com/topic/new-york-city" target="_blank" rel="noopener">New York City</a> subway train on May 1, is disputing the claim that his restraint lasted for 15 minutes.
In new video clips released on Sunday by his lawyers, according to <a href="https://www.cbsnews.com/newyork/video/daniel-penny-speaks-out-about-deadly-subway-chokehold/#x" target="_blank" rel="noopener">CBS News</a>, Penny said he jumped into action to protect people on the train whom Neely was allegedly threatening, but did not intend to kill the man.
&#8220;The three main threats that he repeated over and over was, &#8216;I&#8217;m going to kill you,&#8217; &#8216;I&#8217;m prepared to go to jail for life,&#8217; and &#8216;I&#8217;m willing to die,'&#8221; Penny said after noting that Neely appeared to have been on drugs.
Penny said he was &#8220;scared&#8221; for himself. &#8220;But I looked around, I saw women and children. He was yelling in their faces, saying these threats. I couldn&#8217;t just sit still,&#8221; he added.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
New video released by Daniel Penny.<a href="https://t.co/ITZumm4iWU">pic.twitter.com/ITZumm4iWU</a>
&mdash; Citizen Free Press (@CitizenFreePres) <a href="https://twitter.com/CitizenFreePres/status/1668101985411710976?ref_src=twsrc%5Etfw">June 12, 2023</a></blockquote>
<script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
Penny, who has been identified as a college student and Marine veteran in his mid-20s, said the encounter lasted less than five minutes, far less time than has been widely reported.
“Some people say that I was holding on to Mr. Neely for 15 minutes. This is not true — between stops is only a couple of minutes. So the whole interaction lasted less than five minutes,&#8221; Penny said.
&#8220;Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him,&#8221; Penny added. &#8220;You can see in the video there’s a clear rise and fall of his chest, indicating that he’s breathing. I’m trying to restrain him from being able to carry out the threats.&#8221;
In addition, Penny denied that race was a motivating factor. He called such claims &#8220;absolutely ridiculous,&#8221; adding, &#8220;I didn&#8217;t see a black man threatening passengers. I saw a man threatening passengers, a lot of whom were people of color.&#8221;
The restraint was captured on a video that went viral on social media, leading to it become a national news story. The bystander video showed a man, later identified as Penny, already restraining Neely in a headlock on the floor of a subway train with the help of others. Neely appeared to lose consciousness and was pronounced dead after being taken to a hospital, according to the <a href="https://apnews.com/article/subway-chokehold-jordan-neely-eric-adams-ny-32738691fce26628a698fc3b10550320">Associated Press</a>.
The claim that Penny held Neely for about 15 minutes appears to have come from news reports <a href="https://www.nbcnews.com/news/us-news/charges-nyc-subway-jordan-neely-chokehold-rcna82914" target="_blank" rel="noopener">citing a witness</a>, freelance journalist Juan Alberto Vazquez, who recorded <a href="https://www.curbed.com/2023/05/bystander-jordan-neely-recording-juan-vasquez-interview.html" target="_blank" rel="noopener">the short videos</a> of the restraint in the minutes after the headlock began, leading up to when police responded to the scene. As reported by <a href="https://news.yahoo.com/nyc-subway-chokehold-death-marine-investigation-video-164827141.html" target="_blank" rel="noopener">Yahoo News</a>, Vazquez described the incident on Facebook, saying, &#8220;I witnessed a murder on the Manhattan subway today.&#8221;
Lawyers representing Neely&#8217;s family have picked up on the claim that Penny held Neely in a headlock for 15 minutes as they demand Penny face a <a href="https://www.amny.com/news/neely-family-lawyers-penny-manslaughter-charge-isnt-enough/" target="_blank" rel="noopener">murder charge</a>. “Daniel Penny wasn’t attacked, he wasn’t hit. But he put him [Neely] in a chokehold. He came up from behind and he didn’t let Jordan go for 15 minutes,” attorney Donte Mills said, according to local news station <a href="https://pix11.com/news/local-news/manhattan/daniel-penny-speaks-out-first-time-since-jordan-neelys-death/" target="_blank" rel="noopener">PIX11</a>.
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New York City&#8217;s medical examiner <a href="https://nypost.com/2023/05/03/medical-examiner-rules-jordan-neelys-death-a-homicide-after-subway-choking/">ruled</a> Neely&#8217;s death a homicide due to “compression of neck (chokehold),&#8221; but the ruling did not determine culpability. That changed when Manhattan District Attorney Alvin Bragg <a href="https://www.politico.com/news/2023/05/11/manhattan-da-to-charge-former-marine-in-subway-chokehold-death-00096567" target="_blank" rel="noopener">came in with</a> the second-degree manslaughter charge against Penny.
Penny <a href="https://www.dailywire.com/news/marine-vet-accused-of-killing-jordan-neely-turns-himself-in-after-charge-against-him-revealed" target="_blank" rel="noopener">surrendered</a> to law enforcement in New York to be arraigned one month ago. He did not enter a plea and was released on $100,000 bail. Penny is <a href="https://www.nytimes.com/2023/05/12/nyregion/daniel-penny-arrest-jordan-neely.html">scheduled</a> to be back in court on July 17. If convicted on the manslaughter charge, Penny faces up to 15 years in prison.
Attorneys representing Penny said they “fully expect that Danny will be exonerated of all charges,” according to <a href="https://abc7chicago.com/former-marine-accused-of-choking-subway-rider-to-death-released-on-/13242081/" target="_blank" rel="noopener">ABC News</a>.

Daniel Penny Speaks Out About Death Of Jordan Neely, Disputes Key Claim About Headlock

Christopher Neely, <a href="https://nypost.com/2023/05/23/jordan-neelys-uncle-christopher-arrested-for-pickpocketing/" target="_blank" rel="noopener">uncle</a> of Jordan Neely, was arrested this week after law enforcement officials had been searching for him for a string of larcenies.
The 44-year-old was caught after trying to run from New York Police Department officers, who recognized him as a suspect for &#8220;a robbery pattern,&#8221; the New York Daily News <a href="https://www.nydailynews.com/new-york/ny-jordan-neely-uncle-christopher-neely-daniel-penny-subway-pickpocket-20230523-tqobkymidjhudebxjphnuk7oym-story.html" target="_blank" rel="noopener">reported</a>.
Christopher Neely was allegedly caught carrying credit cards from numerous victims, the report said. He was also armed with a gravity knife.
The New York Post <a href="https://nypost.com/2023/05/23/jordan-neelys-uncle-christopher-arrested-for-pickpocketing/" target="_blank" rel="noopener">reported</a> that the arrest happened near the Port Authority Bus Terminal. He was wanted for allegedly stealing purses from restaurants.
He was charged with criminal possession of stolen property, resisting arrest, bail jumping, and unlawful possession of a weapon, the report said.
The Daily Mail <a href="https://www.dailymail.co.uk/news/article-12115667/Jordan-Neelys-uncle-called-no-plea-deal-Daniel-Penny-ARRESTED.html">reported</a> that he had more than 70 prior arrests and had two active warrants for his arrest when he was taken into custody.
Christopher Neely&#8217;s arrest comes after he said that he does not want Daniel Penny, who put his nephew Jordan Neely in a chokehold that ultimately led to his death, to get a plea deal in the case.
“I want this to go to trial,” Christopher Neely <a href="https://nypost.com/2023/05/23/jordan-neelys-uncle-christopher-arrested-for-pickpocketing/" target="_blank" rel="noopener">said</a>. “He has too much confidence in himself and has to be taught what he did was wrong.”
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Penny, a 24-year-old former U.S. Marine, was charged with second degree manslaughter and faces up to 15 years in prison if convicted.
Penny <a href="https://www.dailywire.com/news/daniel-penny-breaks-his-silence-following-the-death-of-jordan-neely" target="_blank" rel="noopener">said</a> during a recent interview with the New York Post that the incident had nothing to do with race.
Penny placed Neely, a homeless man with over 40 arrests and a history of mental health issues, in a chokehold after Neely embarked on an aggressive rant and began screaming that he did not care if he went to jail.
“This had nothing to do with race,” he said. “I judge a person based on their character. I’m not a white supremacist. I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you, I love all people, I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through Africa before this happened.”
Penny said he would not go into details of what happened because of his pending case, but said that the incident was unlike “anything I’d experienced before.”

US-NEWS-NY-SUBWAY-CHOKEHOLD-DEATH-1-NY

Uncle Of Jordan Neely Arrested For Allegedly Pickpocketing, Has 70+ Prior Arrests: Reports

Thomas Kenniff, an attorney for Daniel Penny, pushed back on claims this week from the family attorney of Jordan Neely, who claimed that Penny thought he had the right to take someone&#8217;s life.
Kenniff made the remarks during an interview Monday with Martha MacCallum on &#8220;The Story&#8221; when asked about an interview that Penny gave to the New York Post about the incident involving Neely that transpired at the start of the month on a New York City subway.
MaCallum read Kenniff a statement from the Neely family, who said in part: &#8220;We want to know why he didn&#8217;t let go of that choke hold until Jordan was dead. Your planned drive through Africa can&#8217;t explain why you thought you had the right to take someone&#8217;s life, even if they were houseless and had a mental illness.&#8221;
Kenniff responded by saying that he was not going to get into a back-and-forth fight in the media with the opposing side&#8217;s attorney.
&#8220;It&#8217;s absurd to say that Danny Penny thought he had the right to take anyone else&#8217;s life and intended to take anyone&#8217;s life,&#8221; he said. &#8220;This was a situation where my client, who is just an everyday New Yorker, was put in a situation that none of us would want to be in and took reasonable steps to try to subdue someone who had introduced a frightening, threatening environment into that subway train.&#8221;
WATCH:
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Thomas Kenniff, an attorney for Daniel Penny, says it&#39;s obviously absurd to claim his client wanted to kill anyone. <a href="https://t.co/u0dLk7y5BG">pic.twitter.com/u0dLk7y5BG</a>
&mdash; Jason Rantz on KTTH Radio (@jasonrantz) <a href="https://twitter.com/jasonrantz/status/1660766826626969604?ref_src=twsrc%5Etfw">May 22, 2023</a></blockquote>
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TRANSCRIPT:
<blockquote>MARTHA MACCALLUM, FOX NEWS ANCHOR: Here now exclusively, one of Daniel Penny&#8217;s attorneys, Thomas Kenniff, also a commissioned officer in the Army National Guard&#8217;s Judge Advocate General Corps, known as JAG, and a veteran of the Iraq War.
Tom, great to have you back on the program again. Good to see you today. Thank you for &#8212; for joining us.
Let me start with your client&#8217;s interview with The New York Post over the weekend, if I may. How do you think he did? Were you pleased with the answers that he gave The New York Post?
THOMAS KENNIFF, ATTORNEY FOR DANIEL PENNY: I think he did great.
And there&#8217;s really &#8212; we really never had any doubt that he would. Danny is a rock-solid guy who was put into a situation that, unfortunately, is all too common on the streets and the subway systems of New York City these days, but did what he thought was the right thing to do.
So it&#8217;s not a situation where we&#8217;re worried that, oh, he&#8217;s going to say the wrong thing or put his foot in his mouth, because he stands by all the actions he took that afternoon, obviously regrets that &#8212; the tragic ending, as anyone would regret the loss of human life, but that&#8217;s not something he intended.
It&#8217;s not something he caused. So, we thought that it was appropriate to have that message out.
MACCALLUM: Right.
Here&#8217;s another comment from Donte Nills &#8212; Donte Mills &#8212; excuse me &#8212; who&#8217;s the Neely family attorney. He says: &#8220;We want to know why he didn&#8217;t let go of that choke hold until Jordan was dead. Your planned drive-through Africa can&#8217;t explain why you thought you had the right to take someone&#8217;s life, even if they were houseless and had a mental illness.&#8221;
What do you say to that, Tom?
KENNIFF: You know, look, Martha, I mean, I&#8217;m not going to get into a back-and-forth with attorneys that are representing the family, I suppose, is their role here. I&#8217;m just not going to do that.
This is a case that we&#8217;re dealing with the Manhattan district attorneys on &#8212; Manhattan district attorney&#8217;s office. Excuse me. We have had a very good dialogue with them. We expect that we will continue to do so. But, as I have said, it&#8217;s absurd to say that Danny Penny thought he had the right to take anyone else&#8217;s life and intended to take anyone&#8217;s life.
This was a situation where my client, who is just an everyday New Yorker, was put in a situation that none of us would want to be in and took reasonable steps to try to subdue someone who had introduced a frightening, threatening environment into that subway train.
MACCALLUM: Yes, and you have witnesses who will come forward as part of the grand jury situation, and they will attest to that, that they were scared, that people called 911?
Tell me a little bit about your case. And will he also testify in that grand jury proceeding, Tom?
KENNIFF: The decision to have a defendant or someone accused of a crime testify in front of a grand jury is obviously a very significant decision.
It&#8217;s one that&#8217;s made with a lot of deliberation between the legal team, the client. And that&#8217;s not a decision that has been made at this juncture. We first need to have come to the point where the grand jury presentation is actually ongoing, to where we even get to that point.
What I will say, though, is that we have a very thorough and proactive investigation. We have since the very beginning of our representation in this case. And there are a multitude of civilian witnesses&#8230;
MACCALLUM: Yes.
KENNIFF: &#8230; both those other individuals who got involved in the &#8212; in subduing Mr. Neely and the bystanders on the train, who really talk almost uniformly about how frightening and how terrifying this situation was for them, just being on the train and observing Mr. Neely&#8217;s behaviors.
MACCALLUM: Yes. And Daniel said that he would do it again if he was in the same situation, because he believed that he was protecting the people who were on that train.
First, unfortunately, you get a lot of race politics injected into this. And I want to play this from Al Sharpton over the weekend and just get your thoughts on how &#8212; what impact this has on a fair trial situation. Watch this.
(BEGIN VIDEO CLIP)
REV. AL SHARPTON, CIVIL RIGHTS ACTIVIST: A good samaritan help those in trouble. They don&#8217;t choke them out.
When they choke Jordan, they put their arms around all of us. All of us have the right to live.
(END VIDEO CLIP)
MACCALLUM: What do you think about what he said there and about whether or not you can get a fair trial for your client here in New York?
KENNIFF: Yes.
Again, you know, I&#8217;m not going to go &#8212; go down the rabbit hole of getting into proxy shouting matches with the Al Sharptons of the world or any of the people on really both sides of the aisle that are trying to politicize this case. There&#8217;s nothing political about this case.
This is a case of an everyday young man who was confronted with a difficult, frightening, terrifying situation and took appropriate steps to try to restrain someone who was a threat. There&#8217;s really no question about that.
Look, as far as a fair trial, I have been trying cases in New York City for 20 years, the majority of which have been in front of Manhattan jurors. I don&#8217;t have any doubt at this time that my client can get a fair trial here. I think, in some ways, this is really the best place to try the case, because so many people that are going to be judging the facts will be able to relate to the sort of situation that confronted my client and the other passengers on that train.
MACCALLUM: And it&#8217;s unfortunate that the city hasn&#8217;t done enough to help people like Jordan Neely, and that has put others, and Daniel Penny perhaps among them, who feel they have to step in on their own to keep people safe around them.
This process is just beginning. We will see where it goes.
Tom, I hope you will come back and talk to us a bit more as you move through this trial and your representation of Daniel. Thank you so much for being here today.
KENNIFF: All right, thanks, Martha. It&#8217;s been a pleasure.
MACCALLUM: Always good to be with you.</blockquote>

Attorney For Daniel Penny: It’s ‘Absurd To Say’ My Client Wanted To Kill Somebody

Daniel Penny, the 24-year-old former U.S. Marine, spoke out for the first time since he put <a href="https://www.dailywire.com/topic/jordan-neely" target="_blank" rel="noopener">Jordan Neely</a> in a chokehold on a New York City subway at the start of the month, which later resulted in Neely&#8217;s death.
Penny, who was charged with second degree manslaughter and faces up to 15 years in prison if convicted, <a href="https://nypost.com/2023/05/20/daniel-penny-breaks-silence-on-jordan-neely-nyc-subway-death/" target="_blank" rel="noopener">told</a> the New York Post that the incident had nothing to do with race.
Penny placed Neely, a homeless man with over 40 arrests and a history of mental health issues, in a chokehold after Neely embarked on an aggressive rant and began screaming that he did not care if he went to jail.
&#8220;This had nothing to do with race,&#8221; he said. &#8220;I judge a person based on their character. I’m not a white supremacist. I mean, it’s, it’s a little bit comical. Everybody who’s ever met me can tell you, I love all people, I love all cultures. You can tell by my past and all my travels and adventures around the world. I was actually planning a road trip through Africa before this happened.”
Penny said he would not go into details of what happened because of his pending case, but said that the incident was unlike “anything I’d experienced before.”
“This was different, this time was much different,” Penny said. “This time was very different.”
Penny said that he was on his way to go swimming at the gym and that he was taking the subway because he loves public transportation.
When asked what he would say to Neely&#8217;s family, Penny said, “I’m deeply saddened by the loss of life. It’s tragic what happened to him. Hopefully, we can change the system that’s so desperately failed us.”
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When asked if he would do it again, he nodded his head, according to the Post.
“You know, I live an authentic and genuine life,” Penny said. “And I would — if there was a threat and danger in the present.”
Penny said he has not followed much of the backlash and he didn&#8217;t even know who some of the major left-wing advocates were who were demonizing him because he gave up social media years ago.
“I don’t follow anyone, and I don’t have social media because I really don’t like the attention and I just think there are better ways to spend your time,&#8221; he said. &#8220;I don’t like the limelight.”
Related: <a href="https://www.dailywire.com/news/desantis-promotes-fundraiser-for-marine-veteran-daniel-penny-we-must-defeat-the-soros-funded-das" target="_blank" rel="noopener">DeSantis Promotes Fundraiser For Marine Veteran Daniel Penny: ‘We Must Defeat The Soros-Funded DAs’</a>

US-NEWS-NY-SUBWAY-CHOKEHOLD-DEATH-1ST-LEDE-1-NY

Daniel Penny Breaks His Silence Following The Death Of Jordan Neely

Country star <a href="https://www.dailywire.com/news/kid-rock-announces-no-snowflakes-summer-concerts" target="_blank" rel="noopener">Kid Rock</a> called Marine veteran Daniel Penny a &#8220;hero,” donating thousands to the campaign for the veteran/24-year-old college student accused of killing Jordan Neely.
The <a href="https://www.dailywire.com/news/welcome-to-the-republican-party-kid-rock-to-maher-when-hbo-host-slams-woke-push-in-schools" target="_blank" rel="noopener">52-year-old</a> singer —born Robert Ritchie — joined some 50,000 people who have donated to the GiveSendGo campaign that is listed as &#8220;Daniel Penny&#8217;s Legal Defense Fund.&#8221; As of this publication, the online fundraiser has surpassed $2.5 million.
Ritchie is listed in the &#8220;Top Donations&#8221; section, which shows that he donated &#8220;5,000.&#8221; His post read, &#8220;Mr. Penny is a hero. Alvin Bragg is a POS. Kid Rock.” Bragg is the Manhattan district attorney who has charged Penny with second-degree manslaughter, the <a href="https://www.dailymail.co.uk/news/article-12086123/Kid-Rock-donates-5-000-Daniel-Pennys-defense-fund-raised-2-2-million.html" target="_blank" rel="noopener">Daily Mail</a> noted.
<blockquote class="twitter-tweet" data-width="500" data-dnt="true">
CROWDFUNDING SUPPORT: <a href="https://twitter.com/KidRock?ref_src=twsrc%5Etfw">@KidRock</a> donates thousands to Marine vet&#39;s defense in NYC subway chokehold death. See the blistering message he left DA Alvin Bragg. <a href="https://t.co/Bjj5uKYCbX">https://t.co/Bjj5uKYCbX</a> <a href="https://t.co/rNV5HDAS2q">pic.twitter.com/rNV5HDAS2q</a>
&mdash; Fox News (@FoxNews) <a href="https://twitter.com/FoxNews/status/1658291199558467585?ref_src=twsrc%5Etfw">May 16, 2023</a></blockquote>
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Ritchie joined with other high profile figures who donated to Penny — who&#8217;s facing charges over the death of the homeless man who was allegedly threatening people on a New York City subway car before he was restrained by Penny with a headlock for about 15 minutes on May 1, as previously <a href="https://www.dailywire.com/news/givesendgo-campaign-raises-more-than-2-million-for-daniel-penny" target="_blank" rel="noopener">reported</a>. On Friday, Penny surrendered to law enforcement in New York and did not enter a plea. He was released on $100,000 bail, and is scheduled to be back in court on July 17.
Others who donated include Max King Realty Holdings LLC President/CEO Brett Kingstone, who wrote with his <a href="https://www.givesendgo.com/daniel_penny" target="_blank" rel="noopener">donation</a> that Kid Rock&#8217;s level of support inspired him to do more.
&#8220;So I see that the great KID ROCK donated $5,000,&#8221; Kingstone wrote. &#8220;Decided to up my previous $1,000 donation to $5,000 accordingly. Kid Rock&#8217;s messages to Alvin Bragg, as well as Bud Lite, are well founded. Blessings to all the great Americans who sent both their prayers and contributions of $5 and up to this great Marine and Hero.&#8221;
2024 Republican Party presidential primary candidate Vivek Ramaswamy donated another $10,000. While political commentator Tim Pool is listed on the fundraising site as donating $20,000.
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The message on the <a href="https://www.givesendgo.com/daniel_penny" target="_blank" rel="noopener">fundraiser site</a> about the campaign says, &#8220;Funds are being raised to pay Mr. Penny&#8217;s legal fees incurred from any criminal charges filed and any future civil lawsuits that may arise, as well as expenses related to his defense. All contributions are greatly appreciated. Any proceeds collected which exceed those necessary to cover Mr. Penny&#8217;s legal defense will be donated to a mental health advocacy program in New York City.&#8221;
The site also includes a statement that the page was set up by the law offices of Raiser &amp; Kenniff, P.C.
Related: <a href="https://www.dailywire.com/news/kid-rock-blasts-bud-light-for-partnering-with-trans-activist-dylan-mulvaney" target="_blank" rel="noopener">Kid Rock Blasts Bud Light For Partnering With Trans Activist Dylan Mulvaney</a>

Kid Rock at NASCAR Cup Series 64th Annual Daytona 500

‘Mr. Penny Is A Hero’: Kid Rock Donates Thousands To Marine Veteran Accused Of Killing Jordan Neely

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Kid Rock

The attorney for 24-year-old former Marine Daniel Penny said during an interview on Monday that the Jordan Neely had started &#8220;swinging his arms at passengers&#8221; on a subway in <a href="https://www.dailywire.com/topic/new-york-city">New York City</a> when his client stepped in to protect the passengers.
Penny placed Neely, a homeless man with over 40 arrests and a history of mental health issues, in a chokehold after Neely embarked on an aggressive rant and began screaming that he did not care if he went to jail.
Appearing in his first interview for the case, attorney Steve Raiser was asked by Fox News host Judge Jeanine Pirro what Penny&#8217;s mindset was when he put Neely into a chokehold.
&#8220;He was fearful for the safety of those passengers,&#8221; Raiser <a href="https://nypost.com/2023/05/15/legal-fund-for-accused-nyc-subway-choker-daniel-penny-tops-2m-with-kid-rock-chipping-in/">said</a>. &#8220;So when he acted, his mindset was to keep his fellow passengers safe from attack. Neely entering the train and acting in a very violent manner, both physically and with words. He would say things to the effect that, you know, I need certain things, I need food, I need this or that. And if I don&#8217;t get it, I don&#8217;t care if I go to prison for the rest of my life. And the passengers actually have said that they interpreted that to mean, well, when would you go to prison for the rest of your life if you kill somebody? So everybody got the message.&#8221;
Raiser said that the situation rapidly escalated to the point where Neely was &#8220;swinging his arms at passengers, throwing his jacket down, [and] making threats&#8221; toward the passengers.
Raiser says that they were told that a grand jury was going to be impaneled to go through &#8220;a very deliberate process&#8221; to determine if charges should be brought in the case and that they &#8220;got a call one night before Danny was asked to surrender and said he’s got to surrender to the police department tomorrow so at that point we were like, what do you mean tomorrow, this was going to be a long process suddenly it&#8217;s tomorrow.&#8221;
Raiser dismissed critics who claim that Penny only acted because Neely was black.
&#8220;None of that is based on the facts,&#8221; he said. &#8220;As to race, it&#8217;s simply not the motivation for Danny. He is the one that put himself in danger, to save who? All the people on that train. Black people, brown people, white people, it didn&#8217;t matter to Danny. Danny put his life at risk to save all those people. It has nothing to do with race.&#8221;
Related: <a href="https://www.dailywire.com/news/marine-vet-accused-of-killing-jordan-neely-turns-himself-in-after-charge-against-him-revealed">Marine Vet Accused Of Killing Jordan Neely Turns Himself In After Charge Against Him Revealed</a>

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