Marine veteran in subway chokehold video identified as Daniel Penny, from West Islip 

The U.S. Marine veteran seen on a viral video putting a homeless man in a deadly chokehold on the subway is a Long Island native from West Islip named Daniel Penny, according to a law enforcement source and a statement from Penny's lawyers.

The man who died, Jordan Neely, 30, had been screaming and menacing other passengers aboard an F train in Manhattan on Monday when Penny grabbed him and took him to the ground, according to an account on Facebook by a freelance journalist who shot the video.

The account, in Spanish, says that the man had been shouting about being hungry and not caring whether he went to jail or got life in prison. Other passengers fled after the tension increased when Jordan took off his jacket and aggressively threw it on the floor of the car, according to the account. 

The video does not show what happened before the restraint, which appeared to last several minutes. In the video, Neely is seen thrashing on the floor of the subway car as Penny and two other men restrain him. The train came to a stop at the Broadway-Lafayette station, where a police officer and medics tried unsuccessfully to resuscitate Neely.

Penny was later questioned by the police and released, according to published reports, and the Manhattan district attorney's office is investigating.

In a statement Saturday, the NYPD’s press office wrote: “The New York City Police Department’s first priority is always to seek justice. As part of the ongoing investigation into this tragic incident, NYPD detectives are actively reviewing footage and all other available information.”

Attempts Saturday to reach Penny or his attorneys were unsuccessful. A statement from the Mineola law firm of Raiser and Kenniff, which represents Penny, says he is a 24-year-old college student and Marine veteran.

The statement references reports that Neely — who in the past had performed as a Michael Jackson impersonator — had untreated mental illness.

"Earlier this week Daniel Penny was involved in a tragic incident on the NYC Subway, which ended in the death of Jordan Neely.

"We would first like to express, on behalf of Daniel Penny, our condolences to those close to Mr. Neely. Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness."

The statement added: "When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves, until help arrived. Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death."

Penny attended West Islip High School, where he played lacrosse, according to Newsday archives.

The death of Neely and the release of Penny set off street protests in the days afterward. Mayor Eric Adams and Gov. Kathy Hochul gave statements about the case, calling it tragic but noting there is an ongoing investigation, while other politicians, such as U.S. Rep. Alexandria Ocasio-Cortez, called the case “a public murder.”

Julie Bolcer, the spokeswoman the city's chief medical examiner's office, said earlier this week that an autopsy concluded that Neely died due to compression of the neck in a chokehold. The manner of death was homicide, Bolcer said, a conclusion that means a person died due to the actions of another, not that those actions were necessarily criminal.

With Anthony M. DeStefano

By Matthew Chayes

matthew.chayes@newsday.comchayesmatthew

Matthew Chayes, a Newsday reporter since 2007, covers New York City.