Questions arise about other people in the video of Jordan Neely’s death as Daniel Penny faces charges

Two other men seen in the video of a Marine with a chokehold on Jordan Neely on a New York City subway have not been named or charged, now Daniel Penny’s family said he has been singled out in the high-profile case.

Penny, 24, was arrested last week for strangling Neely, who later died. Witnesses said Neely allegedly threatened passengers in a subway car before Penny and two other men subdued him on May 1.

Penny was charged with manslaughter in the aftermath — but the other two men seen holding Neely were never named nor charged with any wrongdoing.

Now, Penny’s family says, the Marine vet is “put on the rails” by the justice system.

“It’s disgusting,” Justine Baldwin, Penny’s cousin, told the New York Post. “Here is a young man who served our country.”

“What about the other two gentlemen on the subway who helped (hold down Neely)? They haven’t even been given a name.’

A viral video of Neely’s stranglehold death shows an unidentified black man in a black jacket holding Neely’s arms as he tried to fight to get out of Penny’s clutches.

Penny, meanwhile, had his arms around the man’s throat and above his head.

Soon another white man, wearing a leather jacket and jeans with a black backpack, approached them.

He then knelt down and pushed on Neely’s right shoulder in another attempt to subdue the homeless man.

At one point, another passenger on the train was heard asking about the chokehold, to which the unnamed black man said Penny Neely “doesn’t squeeze.”

But the off-screen passenger says Neely could choke on his own spit, which the black assailant and Penny agreed on.

They all then released Neely and decided to turn him on his side, but the homeless 30-year-old appears to be limp and unmoving.

But it was only Penny who was arrested in the aftermath, having turned himself over to authorities.

He was released on $100,000 bail and has not yet entered a plea.

DailyMail.com has reached out to the office of Manhattan District Attorney Alvin Bragg for comment or to see if the other two men can be charged. The agency has not yet responded.

Those who know Penny have described him as “handsome” and “funny kid,” who grew up in a middle-class military family on Long Island.

“He was always there for his family and his sisters,” Baldwin said. “Danny has always been quiet, he comes from a quiet family.”

She added that her cousin “could always count on them if you needed help.”

Neighbors reportedly added that Penny once even lived out of a van and previously shared a three-bedroom home with his three sisters and parents before divorcing.

“Danny was always funny and goofy and never hurt anyone,” said the Marine’s childhood friend, Devin Marino.

“He was always super inclusive,” he added. “His family was very nice and had an open door policy.”

In high school, his friends and family said Penny was a lacrosse player.

But after his parents’ divorce and his time in the military, they said, Penny took some time to sort out his life.

He dropped out of college to spend some time backpacking across Central America, he wrote on Harri, a hospitality job site that he used to find a bartending gig in Manhattan.

“Growing up here in New York I have always been inspired by ambition and perseverance,” Penny wrote on the website.

‘After high school I was unsure about my future, I enlisted in the Marine Corps in search of adventure.

“While serving as a squad leader on two deployments, I began to realize what I was passionate about.”

The Marine went on to say he was inspired by Don Quixote, who “leaves his “normal” life to pursue his dreams, despite being called a madman.

“During the travels I rediscovered my love for interaction and contact with people,” he wrote. “Being able to serve and connect with the most interesting and eccentric the world has to offer is what I believe I need to do.”

Neighbors who knew Penny and his family in West Islip also praised the veteran, while Marcia Mulcahy, who lived opposite him for four years, described him as “a sweet child.”

“The family couldn’t have been nicer,” she added. “Just look at the fundraiser to see how people feel about him.

“We all contribute. He was just trying to help on the subway. Of course it was a scary situation and it all went wrong. But he didn’t go in to hurt anyone. He was trying to help.’

Mulcahy was referring to one Enter SendGo fundraiser set up by Penny’s attorney to fund his legal fees, which have already topped $1.5 million.

The page reached the $1 million mark just hours after Florida Governor Ron DeSantis tweeted a link to the page.

On Friday, Penny, 24, was released pending trial after turning himself in at a police station and appearing in court to face criminal charges. He made no plea.

Bail officer Ira Judelson told DailyMail.com that Penny was “very quiet and nervous” and was “respectful” when he was arrested and charged.

Penny’s attorney revealed the veteran deployed twice during four years of service in the Marines, rising to the rank of sergeant before being honorably discharged in 2021.

Penny turned herself in to the police following the death of Neely, a former subway performer known for his Michael Jackson impersonation. In recent years, he had been going through some hard times and was battling schizophrenia.

Protests broke out after footage was released of Penny holding him in a chokehold, while others embraced the Marine as a hero.

Penny’s lawyers argued that he acted in self-defense, while Neely’s family’s lawyer said he was not harming anyone and did not deserve to die.