Judge denies Daniel Penny effort to suppress statements to cops after fatal chokehold of Jordan Neely

A justice connected Friday denied Daniel Penny’s question to artifact prosecutors from showing jurors footage of his statements to constabulary aft fatally choking Jordan Neely aboard a subway car successful May 2023.

Manhattan Supreme Court Justice Maxwell Wiley, successful a two-page decision, recovered the voluntary statements were lawfully obtained. 

Penny, 25, a erstwhile Marine from Long Island, is acceptable to spell connected proceedings for manslaughter and criminally negligent homicide connected Oct. 21 for the May 1, 2023 incidental that played retired betwixt 2 stops connected a northbound F bid — Second Ave., wherever Neely boarded, and Broadway-Lafayette, wherever helium mislaid consciousness and ne'er regained it. He’s pleaded not guilty.

Video footage of the incidental (Juan Vazquez)

The videos played successful tribunal Thursday amusement Penny willingly speaking with responding officers astatine the subway presumption and soon aft with detectives astatine the 5th Precinct.

Penny told officers astatine the subway presumption that helium “just enactment him out” erstwhile asked what happened to Neely. Back astatine the precinct, helium said helium didn’t mean to wounded Neely, whom Penny dismissively referred to arsenic a “crackhead,” telling detectives helium “just benignant of got him successful a hold” successful defence of passengers connected the bid car who became frightened erstwhile Neely got on, threw down his overgarment and started screaming.

He said helium believed Neely was going to termination radical and did not callback seeing the unfortunate putting his hands connected anyone.

Penny said helium tightened his grip erstwhile a “squirming” Neely summoned “a small spot of energy” and fto up erstwhile 2 chap passengers aided him, clashing with widely viewed bystander footage. Prosecutors allege Penny subdued Neely successful a chokehold for astatine slightest six minutes, including aft helium stopped moving. 

Neely, who was unarmed, was pronounced dormant astatine the hospital. The metropolis Medical Examiner’s bureau determined the origin was homicide by chokehold. His loved ones person said helium struggled with his intelligence health, homelessness, grief from his mother’s murder, and brushes with instrumentality enforcement. In amended times, he performed for New Yorkers arsenic a Michael Jackson tribute artist.

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Jordan Neely successful 2009.

Penny’s attorneys had argued that his statements were inadmissible due to the fact that they were made during what they called an amerciable arrest, accusing constabulary of misleading him into believing helium had to speech to them. Prosecutors contended that the footage showed Penny knew helium was not being detained.

Wiley agreed and recovered Penny’s remarks astatine the subway presumption responded to basal investigatory questions from officers, “some of whom were performing exigency tasks specified arsenic providing aesculapian assistance to an seemingly unconscious idiosyncratic connected astatine the scene.”

He said Penny was adequately informed of his rights astatine the precinct, which helium waived, and that detectives’ questions astir his clip successful the Marines, which the defence framed arsenic manipulative, “did not represent the functional equivalent of interrogation arsenic specified questions were not reasonably apt to elicit an incriminating response.”

“The questioning was done without unit oregon coercion oregon promises,” the justice wrote.

A spokesperson for Manhattan DA Alvin Bragg, whose bureau is trying the case, declined comment. Penny’s lawyer, Thomas Kenniff, could not instantly beryllium reached.