New Joan Jett music? Rocker teases “big announcement”

New Joan Jett music? Rocker teases “big announcement”
New Joan Jett music? Rocker teases “big announcement”
Kevin Mazur/Getty Images for Live Nation

Are we about to get some new music from Joan Jett? Well, that’s the speculation after the Rock & Roll Hall of Famer teased fans on Instagram with a photo of her in the studio.

She captioned the shot, “Back in the studio. Big announcement coming…”

If the speculation is true, it will be the first new album from Joan Jett and the Blackhearts since 2022’s Changeup, an acoustic record that featured new versions of classic hits like “Bad Reputation” and “Crimson and Clover.” Their last album of all new material was the 2014 record Unvarnished.

Joan Jett & The Blackhearts will be busy on the road this summer. They have shows in Tulsa, Oklahoma, and Richardson, Texas, on May 19 and 20, respectively, and then on June 6 they kick off a tour with Bryan Adams in Baltimore, Maryland. A complete list of dates can be found at joanjett.com.

Copyright © 2023, ABC Audio. All rights reserved.

Loved ones sue social media companies over Buffalo massacre

Loved ones sue social media companies over Buffalo massacre
Loved ones sue social media companies over Buffalo massacre
Barbara Massey Mapps stands on the porch of her sister Katherine “Kat” Massey’s home in Buffalo, New York. Her sister was among 10 Black people killed in a racially motivated mass shooting at a Buffalo supermarket on May 14, 2022. — Malik Rainey for ABC News

(BUFFALO, N.Y.) — Loved ones of those killed in the 2022 Buffalo grocery store mass shooting filed a wrongful death lawsuit Friday against a number of social media companies alleging they facilitated the teenage killer’s white supremacist radicalization by allowing racist propaganda to fester on their platforms.

The lawsuit filed in State Supreme Court in Buffalo also names as defendants a gun dealer and body armor company, as well as the parents of the confessed killer, Payton Gendron.

“Gendron was motivated to commit his heinous crime by racist, anti-Semitic, and white supremacist propaganda fed to him by the social media companies whose products he used,” the lawsuit argues, adding that Gendron was not raised by a racist family, did not live in a radically polarized community and had no personal history of negative interactions with Black people.

The legal action comes just two days before Buffalo residents commemorate the one-year mark since the May 14, 2022, shooting rampage at a Tops store on the city’s predominantly Black east side.

The lawsuit was filed by Buffalo attorney John Elmore on behalf of the loved ones of Heyward Patterson, Katherine “Kat” Massey and Andre Mackniel, three of the 10 Black people killed in the mass shooting. The suit is supported by the Social Media Victims Law Center, an organization that works to hold social media companies legally accountable for the alleged harm it is claimed they inflict on vulnerable users.

“I’m hoping that something will come out of it. Everyday or every few days, all you hear about is a mass shooting,” Massey’s sister, Barbara Massey Mapps, told ABC News of the lawsuit. “You’ve got to start somewhere, in order for them to get the message. These big companies only know one thing, money. So, you’ve got to hurt them. How many people do you want to see dead?”

Biggest names in tech sued

Among the defendants named in the lawsuit are Meta, the parent company of Facebook; the instant messaging app Snapchat; Discord, Reddit; Google, which owns YouTube; and Amazon, which owns Twitch, the site Gendron used to livestream the killing rampage.

The dark website 4chan is also named as a defendant, as well as the Vintage Firearms company and the RMA Armament company.

The lawsuit alleges the social media platforms aided in rapidly spreading Gendron’s hate via copies of his livestream of the shooting across multiple platforms where it became known as the “murder video” and viewed by more than 3 million people.

Gendron used Amazon’s Twitch to livestream the first two minutes of the rampage before it was taken down by the operators of the popular gaming platform, the lawsuit states.

Despite it being taken down, the video was downloaded to 4chan, according to the suit.

“Within 30 minutes of when the link was first posted to 4chan, another 4chan user had downloaded it, uploaded it to a video sharing platform, and posted a link to that other video sharing platform on 4chan,” the lawsuit alleges.

Copies of the horrific video “appeared on Facebook next to advertisements,” the lawsuit contends.

“While Facebook eventually turned off banner advertising for searches related to the Buffalo shooting, the murder video continued to circulate on Facebook and, on information and belief, Facebook’s algorithms continued to recommend it,” the suit alleges.

Discord was named as a defendant because it was where Gendron “chronicled the progress of his plan” for months and where a half-hour before the attack he announced it to several Discord users he invited into a chat room, according to lawsuit.

The suit alleges Gendron became “addicted” in his early teens to Meta’s Instagram, Google’s YouTube and Snapchat, which is owned by a company called Snap Inc.

“Because of the dangerously defective and unreasonably dangerous algorithms powering Instagram, YouTube, and Snapchat, Gendron quickly became a problematic user of the Social Media Defendants’ products. He accessed his social media accounts multiple times per hour and at all hours of the night,” according to the lawsuit.

The plaintiffs accuse YouTube, Snapchat and Instagram of directing “Gendron to progressively more extreme and psychologically discordant content.”

“Taking full advantage of the incomplete development of Gendron’s frontal lobe, Instagram, YouTube, and Snapchat maintained his product engagement by directing him to increasingly extreme and violent content which, upon information and belief, promoted racism, anti-Semitism, and gun violence,” the lawsuit contends.

The lawsuit goes on to allege, “Because the Instagram, YouTube, and Snapchat algorithms were designed with the singular goal of maximizing Gendron’s product engagement over his psychological, emotional, and ethical well-being, by directing him to sites promoting hate and violence these products were functioning as designed and intended.”

“We have a zero-tolerance policy for hate speech and discrimination of any kind,” Snapchat said in a statement to ABC News. We deliberately designed Snapchat differently than traditional social media platforms and don’t allow unvetted content to go viral or be algorithmically promoted. Instead, we vet all content before it can reach a large audience, which helps protect against the discovery of potentially harmful or dangerous content.”

Firearms and body armor dealers

Vintage Firearms, a gun dealer in Endicott, New York, was named as a defendant because it sold Gendron the Bushmaster XM15-E2S he used in the attack.

“As part of his ‘investigation’ of the Bushmaster XM15-E2S at Vintage Firearms, Gendron writes that he ‘learned’ how to modify the weapon so that it would take high-capacity ammunition magazines, the lawsuit alleges.

“After purchasing his murder weapon at Vintage Firearms, Gendron continued to loyally patronize the store, and find camaraderie there,” the suit alleges.

The lawsuit alleges RMA Armament, where the killer purchased his body armor, “knew or should have known permitting Payton Gendron to obtain their product would result in unreasonable danger due to the use of their product.”

Gendron, now 19, pleaded guilty to committing the murders and was sentenced in February to life in prison without the possibility of parole. He also became the first person in New York state to face a charge of domestic terrorism motivated by hate, for which he also pleaded guilty.

During his sentencing hearing in February, Gendron, from predominantly white Conklin, New York, a three-hour drive from Buffalo, claimed he was brainwashed by online racist propaganda, saying, “I believed what I read online and acted out of hate.” During the sentencing hearing, one of Gendron’s attorneys, Brian Parker, also said, “The racist hate that motivated this crime was spread through online platforms, and the violence that was made possible was, in part, due to the easy access of assault weapons.”

‘Neither a coincidence nor an accident’

“Gendron’s radicalization on social media was neither a coincidence nor an accident; it was the foreseeable consequences of social media companies’ conscious decision to design platforms that maximize user engagement (and corresponding advertising revenue) at the expense of public safety,” the lawsuit alleges.

It adds, “The social media platforms that Gendron encountered are equipped with sophisticated algorithms designed to addict teenage users by taking advantage of their incomplete brain development and maintain their engagement through increasingly extreme and psychologically discordant content.”

The lawsuit mirrors a scathing report released in October by New York Attorney General Letitia James office, alleging several online platforms, including some of those named in the lawsuit, played roles in the Buffalo mass shooting by radicalizing Gendron as he consumed voluminous amounts of racist and violent content, and then by allowing him to broadcast the deadly attack.

The report contended that anonymous, largely unmoderated websites and platforms, like 4chan, allegedly influenced Gendron. It also said livestreaming platforms like Twitch were “weaponized” to publicize and encourage copycat attacks.

The attorney general’s findings came with a call for new legislation to address what she called “a lack of oversight, transparency, and accountability” which she said allows hateful and extremist views to proliferate online.

Section 230

A major hurdle in the lawsuit is expected to be Section 230 of the 1996 Communications Decency Act, which protects social media platforms and other sites from legal liability that could result from content posted by users.

In February, the U.S. Supreme Court heard oral arguments in the case Gonzalez v. Google LLC, which concerns a lawsuit brought by the family of Nohemi Gonzalez, an American woman who was killed in an ISIS terrorist attack in Paris in 2015. The lawsuit against Google alleges that its YouTube recommended ISIS recruitment videos to users.

The case centers on whether Section 230 protects online platforms from legal liability when it comes to their recommended content.

If the U.S. Supreme Court rules in favor of Google, it would formally extend legal immunity to the algorithms at the heart of many social media products and search engines; but if the high court rules in favor of the plaintiff, the decision could expose the platforms to a raft of new legal vulnerabilities and produce major changes, legal experts told ABC News.

Twitch issued a statement in the immediate aftermath of the Buffalo attack, saying it stopped the Buffalo gunman’s live feed of the shooting in two minutes.

“We take our responsibility to protect our community extremely seriously, and trust and safety is a major area of investment,” Twitch said in its statement, adding it was continuously examining the Buffalo shooting and “sharing those learnings with our peers in the industry to support a safer internet overall.”

“We have the deepest sympathies for the victims and families of the horrific attack at Tops grocery store in Buffalo last year. Through the years, YouTube has invested in technology, teams, and policies to identify and remove extremist content,” Google said in a statement to ABC News. “We regularly work with law enforcement, other platforms, and civil society to share intelligence and best practices.”

Meta said that as of Aug. 15, 2022, it identified more than 1,151 “militarized social movements” mostly associated with the far-right conspiracy group QAnon and removed about 4,200 pages, 20,800 groups, 200 events, 59,800 Facebook profiles and 8,900 Instagram accounts.

“We continue to strengthen our enforcement by identifying additional militarized social movements and new terms associated with QAnon,” Meta said. “We’ll continue consulting experts to inform our strategy and will identify and remove content accordingly.”

Discord also released a statement in the immediate aftermath of the shooting, saying, “We extend our deepest sympathies to the victims and their families, and we will do everything we can to assist law enforcement in the investigation.”

Parents accused of ‘negligent entrustment’

The lawsuit accuses Gendron’s parents of “negligent entrustment,” alleging “Paul Gendron entrusted his son with a rifle, a dangerous instrument that was among the weapons Gendron took to the Tops shooting on May 14, 2022.”

“Paul and Paula Gendron had constructive possession of all the firearms that Gendron kept at their house, whether they purchased the weapons or not,” the lawsuit alleges.

The lawsuit notes the police investigation found that in 2021, Gendron posted in an online forum for a high school that he planned to commit “murder/suicide.” He underwent a psychiatric evaluation and New York State Police visited his home after this threat, according to the lawsuit.

“As of June 2021, Paul and Pamela Gendron had actual knowledge that their son was contemplating murder and that he owned multiple guns. Nevertheless, though Gendron lived in his parents’ home and was under their care, custody and control, on information and belief, they did nothing to deny his access to firearms or otherwise remove such dangerous instrumentalities from his possession,” the lawsuit alleges.

Gendron’s parents have not responded to ABC News’ attempts to reach them for comment. After their son pleaded guilty to the state charges in November, Paul and Pamela Gendron released a statement, saying, “Our hearts are broken over the devastation he caused to the innocent victims he killed and wounded, their families, and the African-American community in Buffalo and beyond.”

ABC News has reached out to the defendants for comment.

ABC News’ Max Zahn and Anthony McMahon contributed to this report.

 

Copyright © 2023, ABC Audio. All rights reserved.

Smells like $20 million: Johnny Depp sets record for biggest perfume payday with Dior deal

Smells like  million: Johnny Depp sets record for biggest perfume payday with Dior deal
Smells like  million: Johnny Depp sets record for biggest perfume payday with Dior deal
Kevin Dietsch/Getty Images

Johnny Depp and Dior are staying in business together, in a deal Variety says is a record for a fragrance endorsement.

Dior is reportedly re-upping his contract with the star, to whom the brand stayed loyal through his messy, headline-making divorce and subsequent defamation battle with ex-wife Amber Heard, to the tune of $20 million.

The trade notes the three-year deal, which will have him keep pitching his Sauvage cologne, dwarfs the previous record-holder, Robert Pattinson, who reportedly got $12 million to pitch Dior Homme.

Similar celebrity scent-related deals usually only net in the six-figure range, like Brad Pitt‘s $7 million Chanel No. 5 deal, Variety explains.

Depp’s fanbase is deep: As reported last year, sales of Sauvage went through the roof during last year’s defamation case, as fans’ way of showing support to the star.

Copyright © 2023, ABC Audio. All rights reserved.

Jelly and Lainey keep it Roll-in: Stream their surprise collab now

Jelly and Lainey keep it Roll-in: Stream their surprise collab now
Jelly and Lainey keep it Roll-in: Stream their surprise collab now
ACM Awards / Rich Polk

If you loved what Lainey Wilson brought to Jelly Roll‘s “Save Me” on Thursday’s ACM Awards, you can relive the moment again and again.

The surprise collab is available to stream or download now and will also be on Jelly’s new album, Whitsitt Chapel, which comes out June 2.

Several days before, you’ll have the chance to get to know him a whole lot better, as the new ABC News documentary Jelly Roll: Save Me, premieres on Hulu May 30. 

Copyright © 2023, ABC Audio. All rights reserved.

New Music Friday: Meghan Trainor, James Arthur, BTS and more

New Music Friday: Meghan Trainor, James Arthur, BTS and more
New Music Friday: Meghan Trainor, James Arthur, BTS and more

Ahead of Mother’s Day, soon-to-be mom-of-two Meghan Trainor has released Mother (Remixes). The new EP features three remixes of the track, including one by j.bird – Meghan’s younger brother Justin Trainor.

Speaking of remixes, Calvin Harris has released the David Guetta remix of his track “Miracle,” with Ellie Goulding.

“Snap” singer Rosa Linn is out with a new song called “Hallelujah.” The track comes with an official music video that sees Rosa singing in a church and includes behind-the-scenes moments from Rosa’s life over the past year. “This past year, my life has changed so much,” she says in a statement. “It can be hard to put into words how grateful I feel, but I hope this song helps you understand.”

James Arthur is back with a new single, “A Year Ago.” James explains, “It captures that feeling when you break up with someone and are riddled with regret and pain and fear. What if I never find someone as good as that again? Will I always be alone?”

The Celine Dion-filled soundtrack for the new movie Love Again is out now. The 14-track album features five new Celine songs, including the title track and “I’ll Be.” Celine also has a part in the movie, alongside stars Sam Heughan and Priyanka Chopra Jonas.

BTS has a new song out called “The Planet,” which appears on the soundtrack of a new 3D animated film called Bastions, about a group of heroes fighting to save the environment. The film will air on Korean broadcasting station SBS on May 14.

Copyright © 2023, ABC Audio. All rights reserved.

Demi Lovato discusses bipolar diagnosis, recalls thinking, “Why am I so unhappy?”

Demi Lovato discusses bipolar diagnosis, recalls thinking, “Why am I so unhappy?”
Demi Lovato discusses bipolar diagnosis, recalls thinking, “Why am I so unhappy?”
PATRICK T. FALLON/AFP via Getty Images

Thursday in LA, Demi Lovato appeared in a mental health summit organized by Hollywood & Mind — a company that works to leverage the power of entertainment to help the world’s mental health crisis — and discussed her bipolar diagnosis and how it changed her life.

“I’ve been through so much. I’ve had struggles and I never wanted to have secrets. … That is part of the reason why I’ve decided to be open about my challenges,” she told Hollywood & Mind founder Cathy Applefeld Olson. “I wanted to be honest with my fans because I knew that if someone was struggling that they could use that honesty as a source of inspiration.”

According to People, Demi also spoke about how “relieved” she was to receive her diagnosis, which she first shared in 2011.

“I had spent so many years struggling, and I didn’t know why I was a certain way in dealing with depression at such extreme lows, when I seemingly had the world in front of me just ripe with opportunities,” she continued.

“It was things like, I remember being 15 years old on a tour bus, and watching fans follow my bus with posters and trying to get me to wave outside the window,” she recalled. “And all I could do was just sit there and cry.”

“And I remember being in the back of my tour bus watching my fans and crying and being like, ‘Why am I so unhappy?'”

Demi also revealed, according to Billboard, that ignoring Instagram comments, even the positive ones, helps her mental health.

“If I see something negative, it’s going to hurt my feelings, and if I see something positive, it’s going to feed into that outside validation that I’ve worked so hard to not need,” she explained.

Copyright © 2023, ABC Audio. All rights reserved.

Playing Mantis: Pom Klementieff on her “weird” character, the “glue” that holds the Guardians of the Galaxy together

Playing Mantis: Pom Klementieff on her “weird” character, the “glue” that holds the Guardians of the Galaxy together
Playing Mantis: Pom Klementieff on her “weird” character, the “glue” that holds the Guardians of the Galaxy together
Marvel Studios

Model and actress Pom Klementieff has played Mantis, the quirky alien empath in the Marvel Cinematic Universe, since 2017’s Guardians of the Galaxy Vol. 2.

But in a universe full of hammer-wielding gods and iron men, Mantis’ unique power stems from her empathy. However, she’s not to be trifled with: She was strong enough to put Thanos to sleep in Avengers: Infinity War, in a nearly successful attempt to steal back the Infinity Stones from the Mad Titan.

She reprises in Guardians Vol. 3. “You know, she’s an empath … so you have to have a deeper connection with everything and everyone. So it’s beautiful to tap into deep, profound and layered emotions,” she expresses.

Pom adds of the misfits, “I think, like, each character complete[s] each other, too. You know, I remember [writer/director] James [Gunn] telling me that Mantis was kind of like the glue that kept the Guardians together in some ways, you know? And … I think it’s beautiful. And I think, you know, the world lacks a lot of empathy too, you know?”

She calls Mantis a “beautiful message” about the might of empathy.

That said, playing the character — who helped kidnap Kevin Bacon in the Guardians of the Galaxy Holiday Special — is a lot of fun.

“I got to be super weird, which is really fun to do. And it comes naturally to me,” she says with a laugh.

A self-described adrenaline junkie in real life, Pom has more than 100 skydives under her belt. Her skill set no doubt served her well in the upcoming Mission: Impossible – Dead Reckoning opposite another actor-stuntman, Tom Cruise.

Vol. 3 is currently the number one movie in the world. Marvel Studios is owned by Disney, the parent company of ABC News.

Copyright © 2023, ABC Audio. All rights reserved.

Daniel Penny, man accused of choking subway rider Jordan Neely to death, released on bond

Daniel Penny, man accused of choking subway rider Jordan Neely to death, released on bond
Daniel Penny, man accused of choking subway rider Jordan Neely to death, released on bond
Alexi Rosenfeld/Getty Images

(NEW YORK) — Former U.S. Marine Daniel Penny turned himself in to New York City police on Friday in connection with the chokehold death of Jordan Neely aboard a subway train.

Penny, 24, was placed under arrest for second-degree manslaughter and handcuffed. He appeared in court under police guard and did not enter a plea.

Assistant district attorney Joshua Steinglass said prosecutors conducted a “thorough investigation” that included interviews with eyewitnesses, 911 callers and responding officers before moving forward with the criminal charge.

Video showed Penny putting Neely in a chokehold on May 1 following outbursts from Neely on an F train. Several witnesses observed Neely making threats, Steinglass told the judge. Penny held Neely for several minutes, and at some point Neely stopped moving, but Penny continued to hold him for a period of time, Steinglass said.

Penny remained on the scene to talk with police, Steinglass noted.

Defense attorney Thomas Kenniff said Penny “has been fully cooperative throughout this process.”

Kenniff told reporters that Penny “turned himself in here voluntarily and with the sort of dignity and integrity that is characteristic of his dignity of service to this grateful nation.”

Attorneys for Penny said in a statement Friday, “We fully expect that Danny will be exonerated of all charges.”

Penny’s surrender came one day after the Manhattan district attorney’s office confirmed that he would be arrested for second-degree manslaughter, for which the maximum penalty is 15 years in prison.

Neely family attorney Lennon Edwards is advocating for second-degree murder charges, saying Penny should have known Neely could die after seeing him struggle during the chokehold.

Penny “acted with indifference,” Neely family attorney Donte Mills added at a news conference hours after Penny turned himself in. “And we can’t let that stand.”

“For everybody saying, ‘I’ve been on the train and I’ve been afraid before, and I can’t tell you what I would’ve done in that situation.’ I’m gonna tell you — ask how you can help,” Mills said. “Please, don’t attack. Don’t choke, don’t kill, don’t take someone’s life.”

“We don’t want anybody afraid on the subway,” Mills said. “But we want people to look at those that may be there in that situation and say, ‘Why?’ And, ‘How can I help them or make a difference?'”

Neely, who was homeless at the time of his death, had a documented mental health history, according to police sources. Neely had been previously arrested for several incidents on the subway, though it’s unclear how many, if any, led to convictions.

Some witnesses reportedly told police that Neely was yelling and harassing passengers on the train, authorities said. Police sources told ABC News that Penny was not specifically being threatened by Neely when he intervened and that Neely had not become violent and had not been threatening anyone in particular.

In an earlier statement, Penny’s attorneys offered “condolences to those close to Mr. Neely” and claimed, “Mr. Neely began aggressively threatening Daniel,” and that the Marine veteran and others “acted to protect themselves.”

“Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness,” said the statement from the law firm of Raiser and Kenniff. “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.”

Neely’s death following the chokehold was ruled a homicide.

“The investigation thus far has included numerous witness interviews, careful review of photo and video footage, and discussions with the Medical Examiner’s Office,” Manhattan District Attorney Alvin Bragg said in a statement Friday. “Jordan Neely should still be alive today, and my thoughts continue to be with his family and loved ones as they mourn his loss during this extremely painful time.”

The Rev. Al Sharpton in a statement Friday called the charges against Penny “just step one in justice.”

“Let’s not forget that there were three people restraining him, and it is vital that the two others are also held accountable for their actions,” Sharpton said. “The justice system needs to send a clear, loud message that vigilantism has never been acceptable.”

The judge on Friday approved releasing Penny on bond. Penny’s attorney said the former Marine lives in New York City and is in college, pursuing a bachelor’s degree in architecture.

Kenniff noted, “There is nothing less indicative of flight risk than someone voluntarily surrendering.”

The district attorney’s office decided to move forward with charges without first going to a grand jury. The case will still be presented to a grand jury in the coming days as prosecutors work to secure an indictment, prosecutors said Friday.

Penny is set to return to court on July 17.

ABC News’ Morgan Winsor and Emily Shapiro contributed to this report.

Copyright © 2023, ABC Audio. All rights reserved.

Daniel Penny, man accused of choking subway rider Jordan Neely, released on bond

Daniel Penny, man accused of choking subway rider Jordan Neely to death, released on bond
Daniel Penny, man accused of choking subway rider Jordan Neely to death, released on bond
Alexi Rosenfeld/Getty Images

(NEW YORK) — Former U.S. Marine Daniel Penny turned himself in to New York City police on Friday in connection with the chokehold death of Jordan Neely aboard a subway train.

Penny, 24, was placed under arrest for second-degree manslaughter and handcuffed. He appeared in court under police guard and did not enter a plea.

Assistant district attorney Joshua Steinglass said prosecutors conducted a “thorough investigation” that included interviews with eyewitnesses, 911 callers and responding officers before moving forward with the criminal charge.

Video showed Penny putting Neely in a chokehold on May 1 following outbursts from Neely on an F train. Several witnesses observed Neely making threats, Steinglass told the judge. Penny held Neely for several minutes, and at some point Neely stopped moving, but Penny continued to hold him for a period of time, Steinglass said.

Penny remained on the scene to talk with police, Steinglass noted.

Defense attorney Thomas Kenniff said Penny “has been fully cooperative throughout this process.”

Kenniff told reporters that Penny “turned himself in here voluntarily and with the sort of dignity and integrity that is characteristic of his dignity of service to this grateful nation.”

Penny’s surrender came one day after the Manhattan district attorney’s office confirmed that he would be arrested for second-degree manslaughter, for which the maximum penalty is 15 years in prison.

Neely family attorney Lennon Edwards is advocating for second-degree murder charges, saying Penny should have known Neely could die after seeing him struggle during the chokehold.

Penny “acted with indifference,” Neely family attorney Donte Mills added at a news conference hours after Penny turned himself in. “And we can’t let that stand.”

“For everybody saying, ‘I’ve been on the train and I’ve been afraid before, and I can’t tell you what I would’ve done in that situation.’ I’m gonna tell you — ask how you can help,” Mills said. “Please, don’t attack. Don’t choke, don’t kill, don’t take someone’s life.”

“We don’t want anybody afraid on the subway,” Mills said. “But we want people to look at those that may be there in that situation and say, ‘Why?’ And, ‘How can I help them or make a difference?'”

Attorneys for Penny said in a statement Thursday night that Penny “risked his own life and safety, for the good of his fellow passengers,” and “the unfortunate result was the unintended and unforeseen death of Mr. Neely.”

Neely, who was homeless at the time of his death, had a documented mental health history, according to police sources. Neely had been previously arrested for several incidents on the subway, though it’s unclear how many, if any, led to convictions.

Some witnesses reportedly told police that Neely was yelling and harassing passengers on the train, authorities said. Police sources told ABC News that Penny was not specifically being threatened by Neely when he intervened and that Neely had not become violent and had not been threatening anyone in particular.

In an earlier statement, Penny’s attorneys offered “condolences to those close to Mr. Neely” and claimed, “Mr. Neely began aggressively threatening Daniel,” and that the Marine veteran and others “acted to protect themselves.”

“Mr. Neely had a documented history of violent and erratic behavior, the apparent result of ongoing and untreated mental illness,” said the statement from the law firm of Raiser and Kenniff. “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.”

Neely’s death following the chokehold was ruled a homicide by the medical examiner’s office.

The Rev. Al Sharpton in a statement Friday called the charges against Penny “just step one in justice.”

“Let’s not forget that there were three people restraining him, and it is vital that the two others are also held accountable for their actions,” Sharpton said. “The justice system needs to send a clear, loud message that vigilantism has never been acceptable.”

The judge on Friday approved releasing Penny on bond. Penny’s attorney said the former Marine lives in New York City and is in college, pursuing a bachelor’s degree in architecture.

Kenniff noted, “There is nothing less indicative of flight risk than someone voluntarily surrendering.”

The district attorney’s office decided to move forward with charges without first going to a grand jury. The case will still be presented to a grand jury in the coming days as prosecutors work to secure an indictment, prosecutors said Friday.

Penny is set to return to court on July 17.

Copyright © 2023, ABC Audio. All rights reserved.

Deep Purple’s Glenn Hughes celebrating 50th anniversary of ‘Burn’ on tour with Yngwie Malmsteen

Deep Purple’s Glenn Hughes celebrating 50th anniversary of ‘Burn’ on tour with Yngwie Malmsteen
Deep Purple’s Glenn Hughes celebrating 50th anniversary of ‘Burn’ on tour with Yngwie Malmsteen
Warner Records/Rhino Entertainment

Deep Purple’s Glenn Hughes has lined up a new set of U.S. dates. The rocker will perform the band’s classic tracks while out on the road with guitarist Yngwie Malmsteen.

The tour is billed as Hughes playing Deep Purple’s greatest hits as part of a celebration of the 50th anniversary of the band’s classic 1974 album, Burn, which reached number nine on the Billboard 200 Album chart.

The tour is set to kick off August 17 in Falls Church, Virginia, wrapping September 23 in Clearwater, Florida. A complete list of dates can be found at glennhughes.com.

Copyright © 2023, ABC Audio. All rights reserved.