Attorneys for Jordan Neely's family say Daniel Penny should be charged with murder, not manslaughter
NEW YORK -- Attorneys for Jordan Neely's family said Friday that Daniel Penny should face more serious charges, after the 24-year-old Marine veteran was arrested and charged with second degree manslaughter.
Neely's father and aunt stood silently alongside their lawyers, who said Neely had a support system, but battled "demons" and untreated mental health issues.
The attorneys vowed to pursue more serious charges against Penny, who was seen on video holding Neely in a chokehold following an altercation on the subway.
"Justice looks like a conviction for murder," said Lennon Edwards, Esq., an attorney with Milles & Edwards.
- Read More: Daniel Penny released on $100,000 bail after arrest on manslaughter charge in Jordan Neely's death
Edwards believed Neely's family was closer to justice Friday than they were a week ago. But he's unsatisfied with Penny's manslaughter charge.
"The consequences of manslaughter two is five to 15 years. Ask yourself, is that enough? Murder two, up to 25 to life. So we need a full cup of justice here," said Edwards.
Family said Neely's mental health struggles started when he was 14, after the murder of his mother.
"Even though he couldn't smile, he made other people smile. That's who Jordan was," said Donte Mills, an attorney with Mills & Edwards.
Attorneys claim Neely was asking for food on the train and was frustrated when he encountered Penny. Police sources said Neely was acting erratically and threatening passengers.
"When somebody screams, 'My wife is a nurse. I'm telling you, you're gonna kill him, you're gonna get a murder charge,' he could've chose to let him go. But he didn't. And what did he think would happen if he didn't? He had to know he would die," said Mills.
Mills and Edwards said Neely's family had asked the city if he could stay longer at a mental health facility, but that he was still asked to leave because he wasn't in immediate crisis.
They applauded Mayor Eric Adams for admitting the city failed Neely.
"The time to just relax and let people that need help come to us is over," said Mills.
Neely's aunt thanked subway riders who knew Neely for offering him help, including food.
"Thank you for feeding my baby," she said.
When asked about Neely's 42 prior arrests, the attorneys said they shouldn't mean his life was of any less value.
