Jury selection is set to start on Monday for Daniel Penny, who is facing trial for fatally choking a homeless man who allegedly threatened passengers in the New York City subway last year.
Penny, a 25-year-old Marine Corps veteran, has been charged with second-degree manslaughter and criminally negligent homicide in connection with the death of Jordan Neely, who reportedly posed a threat to subway riders in May 2023. Jason Goldman, a defense attorney and former prosecutor, indicated to the New York Post that the defense will likely encourage jurors to empathize with Penny during the incident involving Neely.
“Penny’s defense team will put jurors in that train car and challenge them with what the safest response would be in the face of Neely’s chaos,” Goldman explained.
According to court documents related to the incident, other passengers expressed fear for their safety due to Neely’s behavior. The Daily Wire reported that one woman recounted hearing Neely shout, “I want to hurt people, I want to go to Rikers. I want to go to prison,” as she shielded herself behind her son’s stroller.
Additional court filings reveal that a high school student was praying after Neely shouted, “Someone is going to die today.” Another passenger described Neely’s conduct as “sickening” and “satanic,” claiming she felt she was “going to die” when he approached her, labeling the entire experience as “absolutely traumatizing.” A longtime subway user stated that nothing had instilled fear in her like Neely did that day.
Penny himself conveyed that he felt “scared” of Neely.
“But I looked around, I saw women and children. He was yelling in their faces, saying these threats. I couldn’t just sit still,” he shared, as reported previously by The Daily Wire.
Penny’s legal representatives, Thomas Kenniff and Steven Raiser, contend that Penny’s chokehold was warranted due to Neely’s menacing behavior. They are also expected to challenge the assertion that Penny’s actions were the cause of Neely’s death, as the medical examiner did not provide definitive evidence linking the chokehold to asphyxiation, according to the Post.
Penny has refuted claims that he maintained a chokehold on Neely for 15 minutes.
“Some people say I was trying to choke him to death, which is also not true. I was trying to restrain him,” he asserted. “You can see in the video there’s a clear rise and fall of his chest, indicating that he’s breathing. I’m trying to restrain him from being able to carry out the threats.”
The defense will also aim to introduce evidence concerning Neely’s use of the drug K2, which was detected in his system at the time of his death, although the medical examiner’s report did not specify the amount. While Penny’s defense has sought to dismiss the case based on this information, their requests have been denied.
Prosecutors from Manhattan District Attorney Alvin Bragg’s office, who lean toward the left, have argued that Penny, as a veteran, should have understood that his chokehold could lead to Neely’s death. They referenced testimony from a Marine trainer who informed a grand jury that Marines are trained to recognize the risks associated with the chokehold, even if it is intended to be non-lethal.
Penny has entered a plea of not guilty to the charges against him.
