NEW YORK (PIX11) — Prosecutors are releasing new details about the death of Jordan Neely, a homeless street performer who died after he was placed in a chokehold by another passenger on a New York City subway train in May.

In newly filed court documents, the Manhattan District Attorney’s Office said there is evidence showing Daniel Penny held Neely in a chokehold for six minutes. Penny continued holding Neely even after Neely stopped moving, according to the court documents.  

The chokehold continued for more than five minutes after the train arrived at the Broadway-Lafayette train station in Manhattan, according to the court documents. 

The new details have emerged in response to Penny’s request to have the charges against him dismissed.

Penny has argued he acted to protect himself and other passengers from Neely, who was said to be acting erratic.

Neely was transported to Lenox Hill Hospital where he was pronounced dead. 

Matthew Euzarraga is a multimedia journalist from El Paso, Texas. He has covered local news and LGBTQIA topics in the New York City Metro area since 2021. He joined the PIX11 Digital team in 2023. You can see more of his work here.