The Marine who fatally choked Jordan Neely on an NYC subway this week is 24-year-old Daniel Penny, The Post has confirmed.
Penny — who has not been criminally charged — was captured on camera putting Neely, a 30-year-old homeless man, in a chokehold on the F train just before 2:30 p.m. Monday at a Lower Manhattan subway stop.
The Queens man, whose name started to circulate on Twitter overnight, served as an infantry squad leader and an instructor in water survival while in the Marines Corps from 2017 to 2021, according to his online resume. Penny graduated from high school in West Islip, NY.
He was deployed twice, the profile says.
Police officials have said Penny is still on active duty and in good standing with the Marine Corps.
The surf enthusiast last worked in customer service at a Sweetwater Surf shop until May last year.
He briefly enrolled in college following his tours with the Marines, but dropped out and backpacked in Central America, his profile says.
In Monday’s fatal encounter, Neely had been acting erratic on the subway, threatening riders and throwing garbage while asking riders for food.
What we know about NYC subway choking victim Jordan Neely
Who is Neely?
Jordan Neely, 30, a homeless man, was strangled aboard a northbound F train just before 2:30 p.m. on May 1, according to police.
He reportedly started acting erratically on the train and harassing other passengers before being restrained and ultimately choked by a straphanger, identified as a 24-year-old Marine from Queens.
The Marine, who was seen on video applying the chokehold, was taken into custody and later released but the DA is mulling charges, which could include involuntary manslaughter, according to experts.
Why is there fallout over Neely’s death?
The city medical examiner ruled Neely’s death a homicide, noting he died due to “compression of neck (chokehold).” This will be weighed during the investigation into whether charges will be brought for Neely’s death.
Neely’s aunt told The Post that he became a “complete mess” following the brutal murder of his mother in 2007. She noted he was schizophrenic while suffering from PTSD and depression.
“The whole system just failed him. He fell through the cracks of the system,” Carolyn Neely said.
Law enforcement sources said Neely had “numerous” arrests on his record, including for drugs, disorderly conduct, and fare beating.
At the time of his death, Neely had a warrant out for his arrest for a November 2021 case in which he was accused of assaulting a 67-year-old woman in the East Village, the sources said.
Mayor Eric Adams has said it’s important for the DA to complete the investigation into Neely’s death and not rush to conclusions.
At one point, he yelled he was “fed up” and “I don’t care if I go to jail, and if they give me life in prison,” according to police and witnesses.
The Marine then stepped in and put Neely in a headlock for minutes before he fell unconscious.
When EMS arrived, they could not revive Neely and he was pronounced dead.
Penny was briefly taken into custody but later released without charges, with police saying they were waiting for the autopsy to come back before considering criminal charges.
The city medical examiner ruled Wednesday that Neely’s death was a homicide by compression of the neck.
The Manhattan District Attorney’s Office said following the release it was conducting a “rigorous” investigation that was being handled by “senior, experienced prosecutors” as to whether to charge Penny in the fatal chokehold.
