Jurors began their deliberations on Tuesday regarding the case of a military veteran accused of using a deadly chokehold on a man who was exhibiting troubling behavior on a New York City subway train.
The jury is considering charges of manslaughter and criminally negligent homicide linked to the death of Jordan Neely, a street performer who was experiencing homelessness. Daniel Penny, the 26-year-old veteran, has pleaded not guilty to these allegations.
Penny maintains that his actions were driven by a desire to protect other riders, claiming he only meant to restrain Neely until the police arrived, rather than to inflict harm. In contrast, prosecutors argue that Penny used excessive force for an extended period, holding Neely by the neck for approximately six minutes.
This case, which has drawn significant public attention, follows a month of testimony and has sparked discussions concerning issues like public safety, mental health responses, homelessness, the boundaries of self-defense, and racial dynamics.
Neely, who was 30 years old and Black, had previously entertained audiences with his impersonations of Michael Jackson but also faced challenges related to mental health, including depression and schizophrenia, particularly after the tragic death of his mother, who was murdered when he was a teenager. Meanwhile, Penny, described as a white college architecture student, served four years in the Marine Corps.
On May 1, 2023, Neely boarded the subway and began behaving erratically, expressing his distress by vocalizing feelings of hunger and despair, claiming he was ready to die or face imprisonment, and even threatening violence, as recounted by Penny and other passengers.
Penny approached Neely, applied a grip around his neck and head, leading him to the ground. In a subsequent statement to the police, Penny admitted to using a chokehold technique to incapacitate Neely, with the intention of preventing him from causing harm.
Following an autopsy, city medical examiners concluded that Neely died as a result of having his neck compressed during this chokehold. However, a pathologist hired by the defense disputed this conclusion, suggesting that multiple factors contributed to Neely’s death.
Penny’s defense team contended that he employed what they referred to as a “civilian restraint,” distinguishing it from the military chokehold technique to avoid rendering Neely unconscious. Prosecutors counter that Penny should have been aware that his actions could lead to fatal consequences.