Jurors in New York have requested to review police and bystander footage critical to the chokehold manslaughter case involving Daniel Penny. This comes after a day of deliberations where Penny’s legal team voiced concerns about harassment from an aggressive protester outside the courthouse.
On the second day of their considerations, the anonymous jury expressed a desire to re-examine videos taken from the body cameras of officers who responded to the incident in the subway car. This footage includes the moments when Penny held Jordan Neely, a distressed man who had been alarming the other passengers with his erratic behavior.
The jurors also sought to revisit a six-minute video documenting the restraint, filmed by a Mexican journalist on the train, as well as police footage from Penny’s interview at the station house with detectives.
Penny has entered a not guilty plea to charges of manslaughter and criminally negligent homicide, asserting that his actions were necessary to protect other passengers from Neely, whom he believed was a potential threat.
On the other hand, prosecutors argue that Penny acted recklessly; they claim he applied excessive pressure to Neely’s neck for an extended duration, ultimately leading to Neely’s death. Medical examiners in the city confirmed that the chokehold caused Neely’s death, although Penny’s defense suggests that his condition was exacerbated by schizophrenia, substance abuse, a hereditary issue, and the confrontation itself.
The case has ignited conversations about public safety, the societal treatment of mental health and homelessness, the distinction between self-defense and aggressive behavior, as well as racial dynamics, with Penny being white and Neely being Black.
Outside the courthouse, small groups of protesters have consistently gathered, condemning Penny as he arrives and departs. Supporters of Penny have also been spotted, displaying flags in his favor.
During court proceedings, defense attorney Thomas Kenniff reported that a protester had once followed Penny to his car, banging on the doors. The same individual hurled slurs at Penny upon his arrival on Wednesday, according to the attorney.
Kenniff addressed Judge Maxwell Wiley, requesting that the judge prohibit the protester from attending due to past disruptive behavior, noting that the man had previously sat in the audience during the trial.
Judge Wiley acknowledged having observed the incident around the vehicle from his office and ultimately denied Kenniff’s request, reiterating the public’s right to observe court activities. Wiley noted that court officers have occasionally limited some individuals’ access based solely on their behavior inside the courtroom but did not specify any details about the incidents.
Witnesses recounted that on May 1, 2023, Neely entered a train in Manhattan and displayed erratic behavior, voicing his hunger and desperation while declaring he was ready to die, go to jail, or, as some passengers recalled, to inflict harm.
Penny approached Neely from behind, placing him in a chokehold and bringing him to the ground. The veteran later recounted to the police that he “just put him in a chokehold” to ensure that Neely would no longer pose a danger to others.
