Jordan Neely killing: marine veteran could face manslaughter charge, says expert

The US marine veteran who was recorded placing Jordan Neely in a chokehold on the New York City subway before the Michael Jackson impersonator died on Monday could be at risk of facing a manslaughter or criminally negligent homicide charge, an expert told the Guardian on Friday.

Penny has not been charged with a crime. A message left with a phone number associated with Penny was not immediately returned, and his attorney did not immediately respond to a request for comment.

Police arrived to find Neely unconscious, and he was pronounced dead at the hospital. Investigators determined he died from having his neck compressed, and his death was ruled a homicide.

While New York law allows people to use deadly force if they reasonably believe that they are faced with an imminent, mortal threat, Giacalone said mentally ill people uttering remarks like those from Neely, 30, is a daily occurrence on the subway that most often does not lead to deadly encounters.

And Giacalone said he believed the contents of the video showing Neely in the chokehold could merit consideration of a manslaughter or negligent homicide charge.

Manslaughter and negligent homicide are both unintentional killings that are still illegal. But they are less serious charges than murder, which is an intentional and unjustified killing.

Military officials on Friday released a statement saying Penny served in the marines for four years beginning in 2017. He attained the rank of sergeant as well as the occupational specialty of rifleman and was last assigned to Camp Lejeune in North Carolina.

The statement noted that Penny received various medals during his time with the marines.