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Daniel Penny, Marine in subway chokehold to face manslaughter charge

Manhattan prosecutors say they will bring criminal charges against a man who used a deadly chokehold on an unruly passenger aboard a New York City subway train. Daniel Penny, a 24-year-old U.S. Marine Corps veteran, will be arrested and face a charge of second degree manslaughter.

NEW YORK – Daniel Penny, the Marine veteran at the center of Jordan Neely's choking death aboard a subway train last week, is expected to turn himself in to police as soon as Friday to face criminal charges over the incident.

Neely, who was homeless, died on May 1 after Penny allegedly held him in a chokehold for several minutes.

According to witnesses, Neely was yelling at and harassing passengers on the train before he was subdued by Neely and others, and ultimately died.

The Medical Examiner's office ruled Neely's death a homicide. 

Penny, 24, will face a charge of second degree manslaughter, which could carry a jail term of up to 15 years.

"We cannot provide any additional information until he has been arraigned in Manhattan Criminal Court, which we expect to take place tomorrow," the Manhattan district attorney's office said in a statement.

"Second degree manslaughter means that they're charging him with having recklessly caused the death. Recklessly means that he was operating with a substantial and justifiable risk of causing death to another person," explained Andrew Cherkasky, a former federal prosecutor.

"I think that some people are going to be upset about this that it wasn’t more serious. I think others wish they saw no charges at all," he added.

Steven Raiser, the attorney representing Penny shared a statement saying in part:

"We are confident that once all the facts and circumstances surrounding this tragic incident are brought to bear, Mr. Penny will be fully absolved of any wrongdoing."

Related article NYC subway chokehold: Calls for criminal charges after death of Jordan Neely

The choking death of Jordan Neely is setting off powerful reactions across the city, with some calling it a criminal, racist act while others justify the act.

Neely will be laid to rest at the Mount Neboh Baptist Church on May 19th where Reverend Al Sharpton has been asked to deliver his eulogy. Multiple arrests, molotov cocktail seized after Jordan Neely protests: NYPD

As outrage continues over the chokehold death of Jordan Neely, nearly a dozen people were arrested at a protest on Monday where the NYPD claims to have recovered a molotov cocktail.

There have been a string of protests across the city following Neely's death. As a result, at least 11 people have been arrested and the NYPD is searching for five protesters who allegedly stormed the subway tracks on the Upper East Side last Saturday.  Who was Jordan Neely?

Neely was not the first member of his family to die violently. His mother, Christie Neely, disappeared in 2007 and her body was found stuffed in a suitcase in the Bronx.

Christie Neely's boyfriend was charged with strangling her, and Jordan testified at the boyfriend's murder trial.

Jordan Neely is pictured before going to see the Michael Jackson movie, "This is It," outside the Regal Cinemas in Times Square in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Neely's mental health began deteriorating at some point after that, and Mayor Eric Adams said the young man "interacted with many city agencies and community-based organizations and providers" over the years.

"Those efforts were not enough, and we must find ways to strengthen our system starting with investigation and accountability," Adams said.

RELATED: NYC Mayor Adams pledges more mental health support

Adams said he would bring together the leaders of the five organizations that contract with the city to provide homeless outreach services for a summit next week on improving outcomes for people with serious mental illness.

Information from the Associated Press was used in this report.

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Leafs’ Matthews in Germany for injury treatment

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Leafs' Matthews in Germany for injury treatment

TORONTO — Auston Matthews boarded a plane and crossed an ocean.

The Toronto Maple Leafs are hoping the trip provides some answers — and returns their best to the ice.

General manager Brad Treliving said following Tuesday’s practice his captain, out day-to-day since Nov. 5 because of an undisclosed upper-body injury, is in Germany to see a doctor the star center has worked with in the past.

“More as a general checkup,” Treliving said during an unscheduled availability with reporters. “But also to get some work done on this thing.”

Matthews has sat out six games and will be out a seventh Wednesday when Toronto hosts the Vegas Golden Knights.

Treliving, who added a team doctor accompanied the star forward to Europe, said with the Leafs playing only twice this week the organization decided to use the time to its advantage.

Treliving declined to provide further details on what’s ailing Matthews, who’s believed to have skated only twice since last playing Nov. 3.

“There’s been no setbacks,” Treliving said of the 2022 Hart Trophy winner. “Everything’s been, actually, going quite well. We’re just trying to use the days that we’ve got here with less games being played to just try to get this behind us.”

Toronto (11-6-2) was already down three forwards with Matthews, Max Pacioretty and Calle Jarnkrok sidelined before announcing earlier Tuesday center David Kampf (lower-body injury) is also now on the shelf. Fraser Minten was recalled from the minors to take his spot.

Reaves reaction

Leafs enforcer Ryan Reaves was suspended five games for Saturday’s illegal check to the head on Oilers defenseman Darnell Nurse.

“Never want to see anybody injured,” Treliving said. “It’s a hockey play that goes wrong.”

Reaves was in Toronto’s locker room Tuesday following practice and appeared willing to speak with reporters, but the team’s communications staff intervened and made it clear the 37-year-old forward wasn’t available to comment.

“We thought it was a little high,” Leafs center John Tavares said of a ban from the NHL’s Department of Player Safety that rules Reaves out until Dec. 4. “But we’ll stick behind him … we know how effective he’s been.”

Domi struggling

Leafs forward Max Domi has just six assists — and is on a career-worst 13-game point drought — despite playing an offensive role.

The 29-year-old, who was on the ice Tuesday, missed two recent practices for maintenance.

“He’s fighting through a lot right now … he’s banged up,” coach Craig Berube said. “I’m not overly concerned. We gotta keep working through it.”

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NHL ref Dunning back home after on-ice collision

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NHL ref Dunning back home after on-ice collision

PHILADELPHIA — The NHL referee who was stretchered out of a game following a violent collision with Colorado defenseman Josh Manson was back home Tuesday and expected to make a full recovery.

The league said that Mitch Dunning was home following a trip to the hospital for precautionary reasons after he was accidentally knocked down by Manson in the Avalanche-Flyers game.

Manson skated alone on the ice Monday night when he slammed into Dunning near the blue line early in the first period. Dunning went down in a heap and lay prone on the ice for several minutes. Dunning appeared to be moving his feet and moved his right hand when Manson went to talk to him.

The game at the Wells Fargo Center was delayed for several minutes while trainers and medical staff tended to Dunning.

The game continued with one referee and two linespersons. Colorado beat Philadelphia 3-2.

Dunning is a former professional hockey defenseman who played parts of three seasons in the OHL. He later shifted into officiating and was promoted to full-time NHL status in 2022.

The NHL did not say when Dunning would return to work.

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2 years after record season, B’s fire Montgomery

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2 years after record season, B's fire Montgomery

The Boston Bruins have fired coach Jim Montgomery after stumbling to a losing record in their first 20 games, the team announced Tuesday.

Associate coach Joe Sacco was elevated to interim head coach. The Bruins are off to an 8-9-3 start (.475 points percentage) and outside of a playoff seed in the Eastern Conference.

General manager Don Sweeney called the move “a difficult decision.”

“Jim Montgomery is a very good NHL coach and an even better person. He has made a positive impact throughout the Bruins organization, and I am both grateful and appreciative of the opportunity to work with him and learn from him,” Sweeney said in a statement.

Sacco was previously coach of the Colorado Avalanche from 2009 to 2013 and has been a part of the Boston coaching staff since 2014. The 55-year-old had a 13-year NHL playing career with five teams from 1990 to 2003.

“Our team’s inconsistency and performance in the first 20 games of the 2024-25 season has been concerning and below how the Bruins want to reward our fans. I believe Joe Sacco has the coaching experience to bring the players and the team back to focusing on the consistent effort the NHL requires to have success,” Sweeney said. “We will continue to work to make the necessary adjustments to meet the standard and performance our supportive fans expect.”

Montgomery, 55, had a 120-41-23 record (.715 points percentage) in three seasons with the Bruins, making the playoffs twice. Both trips to the postseason ended at the hands of the Florida Panthers. Boston was stunned in a seven-game, first-round upset in 2023 after having the most successful regular season in NHL history (135 points), and again earlier this year when it lost to Florida in the second round after eliminating the Maple Leafs in seven games.

Montgomery won the Jack Adams Award as NHL coach of the year in 2022-23. He previously coached the Dallas Stars for two seasons (2018-20), amassing a record of 60-43-10.

As Montgomery chronicled in his 2023 NHL Awards speech, his success in Boston came after he turned his personal life around. “Three and a half years ago, the Dallas Stars terminated my contract because of my struggles with alcohol,” he said. “And I had to change my actions and behaviors.”

Despite Sweeney saying the sides were discussing an extension during training camp, Montgomery didn’t have a contract beyond the 2024-25 season.

The Bruins have been one of the NHL’s most notable disappointments this season. They’re 31st in team offense (2.40 goals per game) and 28th in defense (3.45 goals against per game).

Previously dependable aspects of the team have malfunctioned, in particular the goaltending. The team traded former Vezina winner Linus Ullmark to the Ottawa Senators for goalie Joonas Korpisalo. The Ullmark deal broke up the best goalie tandem in the NHL with 26-year-old Jeremy Swayman, who missed training camp during a bitter negotiation before signing an eight-year contract that will pay him $66 million.

Swayman has a 5-7-2 record with an .884 save percentage and a 3.47 goals-against average. After the Bruins lost to the Columbus Blue Jackets 5-1 on Monday, Montgomery said missing training camp wasn’t advantageous.

“I don’t think missing training camp helps anyone,” Montgomery said. “That’s why you have training camps.”

Montgomery has been seen having animated discussions with captain Brad Marchand on the Boston bench multiple times this season. He also benched leading goal scorer David Pastrnak in a game earlier this month.

Montgomery’s firing is the first coaching change of the 2024-25 season. Sacco is the fourth head coach under Sweeney since the GM took over in 2015.

“I’m supportive of Don’s decision to address our current play and performance,” team president Cam Neely said in a statement. “Joe Sacco has a wealth of experience and knowledge of our roster and can help lead our team in the right direction. He has a strong understanding of our standards and expectations, and I trust he will do all he can to accomplish our organization’s goals this season.”

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