NEW YORK — The closing arguments in the trial of a military veteran accused of fatally choking a mentally ill and homeless individual during a subway incident are scheduled for Monday.
Daniel Penny, who maintains his innocence, faces charges of manslaughter and criminally negligent homicide in connection to the May 2023 death of Jordan Neely. Penny asserts that his actions were a form of self-defense in response to Neely’s threatening behavior.
The case has sparked significant discussions surrounding race, public safety, urban dynamics, and how society addresses issues like crime, homelessness, and mental health. Reactions to Penny’s actions are polarized; some individuals view the 26-year-old Marine veteran, who is now studying architecture, as a courageous defender of fellow subway riders who sensed imminent danger from Neely’s unpredictable behavior. Conversely, others perceive Penny as a white vigilante who unjustly took the life of a Black man in need.
Jordan Neely, 30, was previously known for performing as a Michael Jackson impersonator on the streets and in subway stations. He faced a series of struggles, including drug addiction and mental health challenges, alongside a criminal history that featured assault charges.
Throughout the duration of the monthlong trial, an anonymous jury heard testimonies from various subway passengers who were present during the six-minute chokehold, as well as police officers who responded to the scene, medical examiners, a psychiatric expert, and a Marine Corps instructor who had taught Penny how to apply a chokehold. Penny opted not to take the stand himself.
Jurors viewed video footage captured by bystanders and police body cameras, which illustrated Penny’s explanations to officers at the scene and in a subsequent interview room. “I just wanted to keep him from getting to people,” Penny told detectives, demonstrating the hold and referring to Neely as “a crackhead” who was “acting like a lunatic.” He maintained, “I’m not trying to kill the guy.”
Multiple witnesses described Neely’s erratic behavior, which included expressing a need for food and drink, throwing his jacket down, and stating that he didn’t care if he died or went to jail. It was noted that accounts of his actions varied, with some witnesses feeling threatened while others expressed relief when Penny intervened.
Medical examiners determined that Neely died as a result of the chokehold, though a pathologist engaged by Penny’s defense presented a conflicting conclusion.
Prosecutors argue that while Penny’s intent may have been to protect others, he utilized excessive force, showing a disregard for Neely’s life after the train stopped and passengers could safely exit. They highlighted that Penny continued to apply pressure to Neely’s neck even after bystanders urged him to release his hold and after Neely had remained motionless for almost a minute.
Conversely, the defense contends that Penny maintained the grip due to Neely’s attempts to escape at times and claimed that the pressure applied was insufficient to be fatal. The defense is expected to underscore the testimony from their pathologist, suggesting that Neely’s death resulted from a multitude of factors, not solely from the chokehold.
