Daniel Penny, a 24-year-old Marine Corps vet who placed Jordan Neely, a New York City subway passenger, in a deadly chokehold last month, stated in a video released on Sunday that “he just couldn’t stay still” when Neely was threatening to kill passengers on the train. He said that he restrained Neely so that he would not be able to “carry out the threats.”

Penny claimed that Neely intimidated him and that he didn’t “try to choke him to Death.” He also denied reports that he had Neely in an ensnarement for 15 minutes.

Penny put Neely in a chokehold after he yelled that he didn’t want to eat and was ready to go to prison or die.

Penny was charged with second degree manslaughter for the death of Neely.

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Penny’s attorneys released a video on Sunday in which he described the “scary” situation: “The man appeared to be on drug, the doors were closed, and the man ripped off his jacket and threw at the people next to me to my left.”

Penny said that he had been listening to music when he heard Neely yelling. He said that Neely repeatedly threatened to kill him, to put him in jail for all eternity, and to let his life end.

He remembered feeling intimidated by Neely. He said that despite Penny’s 6-foot-2 height, Neely had a bigger frame than him. Neely shouted in the faces of “terrified passengers” despite Penny being 6 feet 2 inches tall.

There’s a misconception that Marines aren’t afraid. He said that we are taught to value courage. “Courage is not the absence or presence of fear, but rather how you deal with it,” he explained. “I was afraid for myself but when I looked around, there were women and children. He was shouting in their faces, saying these threats. “I just couldn’t stay still.”

The video, which is three and a half minutes long, was captured by a spectator. Neely is already in a chokehold. A second rider quickly pins Neely’s hands. Neely starts flailing his arms 30 seconds into the video and tries to escape Penny. A third man then enters and helps to pin Neely down.

Neely goes limp more than two minutes after the beginning of the video. Off camera, another witness is heard telling Penny: “You’re gonna kill him now. He’s defecated himself.”

“He is not squeezing?” Okay. You have to let him go. “After he has defecated, that’s all,” said the witness off camera.

The man who was holding Neely down let go of his arms and asked Neely whether he heard him. Penny let Neely go when he failed to respond. Penny and another man placed Neely in a recovery pose seconds later. Neely’s body twisted and he exhaled a deep breathe after three minutes and forty-five seconds of video. The witness who took the video said later, “None among us thought he was at risk of death.” We thought he had just run out of breath or passed out.

The city medical examiner determined that the death was caused by “compression (chokehold) of neck.”

Some people claim that I held Mr. Neely’s hand for 15 minutes. It’s not true. The time between stops is just a few minutes. The whole interaction lasted under five minutes,” Penny stated in the video.

Some people claim I tried to choke him, but that is not true. “I was trying to restrain [him],” he said. You can clearly see his chest rising and falling in the video, which indicates that he is breathing. I’m trying not to let him carry out his threats.

He claimed that his grip was based upon the force Neely exerted.

Penny dismissed also the notion that the incident had been motivated by race.

Penny stated, “I did not see a black person threatening other passengers. I saw a male threatening many passengers of color.”

He said that the man who restrained Mr. Neely, was of color. “I read in the newspapers a few days after my incident that a woman from color called me a superhero.”

Fox News reported that a woman of color, who was in the train at the time of the incident, believed that it was “self defense” and “I believe that he saved many people that day.”

Penny stated, “I do not believe I am a hero. But she was one of the people I tried to protect. They were all terrified.”

According to his aunt, Neely suffered from mental health issues including schizophrenia, PTSD, and depression. He was arrested 42 times including four for assault. Neely was wanted for an alleged assault on a woman aged 67 in 2021.

The New York Daily News reported that Neely had been arrested for attempted kidnapping in August 2015. “He was seen dragging an 7-year old girl down a street in Inwood,” it said. He was sentenced to 4 months in prison after pleading guilty to endangering a child’s welfare. The report states that he was arrested in June 2019 after punching a 64 year old man in the face in a fight at a Greenwich Village metro station.

Reddit posts discovered by Andy Ngo reveal that subway users feared Neely nine years ago due to his unpredictable behavior. According to the New York Times, he was also listed on the “Top 50 list” of the NYC Department of Homeless Services, which included homeless people with dire needs.

Penny will next appear in court on 17 July.