NEW YORK — In a significant development regarding the trial of Daniel Penny, the defense team concluded their case on Friday without him taking the stand. This decision comes amidst the ongoing proceedings surrounding the death of Jordan Neely, an agitated man who was choked by Penny on a subway train. Closing arguments are anticipated to take place following the Thanksgiving holiday in this high-profile manslaughter trial, which has drawn widespread public attention.
The incident has highlighted a range of social issues, including race relations, public safety concerns, and the challenges cities face in dealing with mental health crises and homelessness. Penny, a 26-year-old white Marine veteran, is facing charges in the death of 30-year-old Neely, a Black man who had been experiencing mental health and substance abuse issues. Penny has maintained his innocence by pleading not guilty.
Legal experts affirm that many defendants in similar situations opt not to testify. The jury has been informed they cannot interpret Penny’s silence as an admission of guilt, which is a right protected by the Constitution. After the proceedings, one of Penny’s attorneys, Daniel Kenniff, pointed out that jurors were able to hear recorded statements made by Penny to the police shortly after the incident, illustrating his perspective.
According to police recordings, Penny described how he had wrapped his arm around Neely’s neck to subdue him, citing Neely’s erratic behavior, including throwing items and making threats. Penny expressed that his intention was to protect those around him rather than to inflict harm on Neely. Supporting this claim, several witnesses shared that they felt frightened by Neely’s actions and were thankful that Penny intervened.
However, the situation was complicated by the testimony of another passenger who intervened, stating he advised Penny to release his hold on Neely but observed that Penny continued to choke him for a period. Prosecutors contend that while Penny aimed to ensure public safety, he acted recklessly by applying excessive force, neglecting Neely’s humanity and failing to take steps to preserve his life.
The medical examiners in the city determined that the chokehold administered by Penny was the cause of Neely’s death, a conclusion that has been contested by a pathologist supporting Penny’s defense. On Monday, discussions between the judge, prosecutors, and defense counsel are scheduled to finalize the jury instructions before the trial moves toward its conclusion.