A trial is currently underway for Daniel Penny, a 25-year-old former U.S. Marine accused of putting homeless man Jordan Neely in a fatal chokehold during a New York City subway incident. Penny has entered a plea of not guilty to charges of second-degree manslaughter and negligent homicide.
Witnesses reported that Neely, a 30-year-old Black man, had been shouting at fellow passengers and asking for money when Penny intervened, restraining him for several minutes, ultimately leading to Neely’s death. The events of May 2023 quickly ignited political debates, with some conservatives lauding Penny as a hero, while critics, including civil rights advocates, labeled his actions as reckless vigilante justice.
Ahead of jury selection on Monday, around 40 protesters gathered outside the New York courthouse to demonstrate against Neely’s death. Penny, who has been released on bail since his arrest, appeared in Manhattan Criminal Court dressed in a blue suit, maintaining a stoic demeanor as he made his way to sit with his legal team.
New York Judge Maxwell Wiley indicated that the initial days of jury selection would involve choosing residents from Manhattan to participate in a trial projected to last about six weeks. The voir dire process, during which potential jurors are questioned about their backgrounds and biases, is set to begin on Friday.
Penny claims he acted in self-defense, a narrative that could lead to a maximum sentence of 15 years in prison if he’s convicted of manslaughter. Prosecutors assert that he placed Neely in a chokehold for approximately six minutes, continuing the restraint well after Neely had stopped moving purposefully.
The incident was captured on video by fellow passengers, including a freelance journalist who documented Penny holding Neely around the neck for an extended period. Witnesses shared that Neely was expressing desperation, stating he was hungry and expressed a willingness to return to jail or die, but there was no evidence he physically attacked anyone.
Attempts to resuscitate Neely were unsuccessful, and he was later pronounced dead at the hospital. The city’s medical examiner ruled his death a homicide resulting from neck compression. Neely, known for his impersonations of Michael Jackson, frequently performed in some of New York’s busiest areas and had a history of previous arrests for offenses ranging from fare evasion to theft and assaults.
Penny, a native of Long Island and a Marine veteran, took to social media to clarify his actions, stating, “I was scared for myself, but I looked around and saw women and children. He was yelling threats in their faces. I just couldn’t sit still.”
The ongoing discourse about the dangers of chokeholds has intensified in light of past incidents, such as the 2014 death of Eric Garner, an unarmed man who died after police restrained him with a chokehold. Following Garner’s death, New York state prohibited such techniques by police, later extending these regulations after the 2020 death of George Floyd in Minneapolis, which included restrictions against sitting, standing, or kneeling on an individual’s back or diaphragm.
