NEW YORK — On Friday, opening statements will commence in the manslaughter trial of Daniel Penny, a Marine veteran accused of fatally choking Jordan Neely, a distressed Black subway passenger.
This trial is being observed by a jury from Manhattan, which faces the task of assessing the circumstances surrounding Neely’s death in 2023. Prosecutors describe it as a reckless act of homicide, while Penny argues it was a necessary measure of self-defense. The case has stirred conversations around issues of race, homelessness, societal safety, and the responsibility of bystanders.
Critics of Penny regard him as a vigilante who took the life of an unarmed man exhibiting erratic behavior and making alarming statements without directly assaulting anyone in the subway car. In contrast, Penny’s supporters praise him for reacting to safeguard other passengers, asserting that his intention was to defuse the situation rather than to harm Neely.
Demonstrations have emerged from both sides, with the case also intertwining with the heated political environment in the U.S., leading some Republican leaders to advocate for Penny while Democratic officials were present at Neely’s funeral.
During jury selection, prosecutor Dafna Yoran addressed the panel, stressing that this is not merely a case of a man with malicious intent committing an evil act. While she acknowledged that Penny might have meant well, Yoran asked jurors to consider whether his actions were justified or went over the line.
In defense, Penny’s attorney, Steven Raiser, highlighted the potential societal repercussions of a conviction, suggesting it could deter New Yorkers from coming to each other’s aid in the future.
Jurors, who reflected on their own subway experiences, are set to hear the opening statements and potentially witness testimonies on Friday, though the identity of the first witness for the prosecution remains undisclosed.
Neely’s life was marred by mental health struggles and substance abuse, worsened by traumatic events including his mother’s murder during his teenage years, according to his family. At 30, he sporadically entertained subway passengers as a Michael Jackson look-alike but also carried a criminal history that included allegations of assault.
Penny, who completed four years of military service, claimed to be on his way to the gym after attending a college class when he crossed paths with Neely on May 1, 2023. Witnesses noted that Neely was expressing a desire for money, making distressing remarks about dying or going to jail, and displaying unpredictable behavior.
Feeling threatened, Penny reportedly wrapped his arm around Neely’s neck and brought him to the ground. The encounter, partially documented by a bystander on video, lasted roughly six minutes, according to prosecutors. As the train came to a stop and many passengers exited, two individuals joined Penny in restraining Neely, while another onlooker cautioned him that continuing the hold could result in death.
Ultimately, Penny released Neely about a minute after he became unresponsive, as noted by prosecutors. After the incident, he told police, “I put him out,” asserting that his intent was solely to “de-escalate” the tense situation. Penny maintained he was not aiming to injure Neely but to prevent him from potentially harming others.
Medical examiners later confirmed that Neely died from neck compression, although Penny’s defense has indicated plans to challenge this conclusion. The defense team had also attempted to prevent the jury from accessing certain evidence, such as Neely’s lack of a weapon and statements made by Penny at the police precinct, but Judge Maxwell Wiley dismissed these motions, deeming them relevant to the case.