The trial of Daniel Penny, accused of fatally strangling Jordan Neely, a homeless individual, opened on Friday. Neely was reportedly behaving in an erratic manner in a New York City subway carriage when Penny, on May 1, 2023, applied the deadly chokehold. This incident incited a sidewalk protest, with sounds echoing in the 13th-floor courtroom just before arguments were opened. The protesters referred to Penny as a ‘subway strangler.’ The judge, Max Wiley, advised that jurors to pay no attention to any ‘disturbances outside the courthouse.’
Dressed in a sophisticated slate blue suit, Penny walked into the courtroom with confidence and took his place at the defense table. Penny, once a marine, pleaded not guilty to second-degree manslaughter and criminal negligence charges concerning Neely’s passing. Judge Wiley had earlier rejected Penny’s request to drop his involuntary manslaughter charges in January.
The task of the jury – made up of seven women and five men, four of whom are people of color – is to reach a verdict many consider challenging: convict a person for an unintentional crime. The prosecutors must demonstrate that Penny’s lethal use of force was unwarranted, his actions reckless, and that he conscious ignored the substantial risk of choking Neely for an extended period, as per the case’s requirements
Interestingly, intent to kill is not a necessary element for prosecutors to prove. This point has been stressed by the defense team, stating that Penny had no such intention to kill Neely. The trial is estimated to run between four and six weeks, as per Judge Wiley’s indication.
The matter has bourne political debate regarding urban crime and captivated the city heavily reliant on its subway network. While it’s undisputed that Penny’s actions resulted in Neely’s passing, eyewitness accounts of the preceding events vary greatly. Neely, aged 30, was homeless and known for his Michael Jackson impersonations.
It was reported that a majority of the witnesses remembered Neely suggesting he was homeless and in need of food and water. Paradoxically, many mentioned that Neely vocalized his readiness to be incarcerated. Inconsistently, some witnesses indicated that Neely threatened passengers on the train while some denied ever hearing such threats.
Witnesses varied in their recounting of Neely’s behavior on the train. Some related that Neely was audibly disturbing and harassing the passengers. In contrast, others insisted that, while unpredictable, Neely did not pose a threat to anyone specific and had not become hostile.
Court documents provided by prosecution indicate diverse passenger reactions. Some people on the train that fateful day claimed they did not feel threatened. Some even regarded the event as ‘another day in New York,’ while fear gripped other passengers due to Neely’s actions.
Neely’s background, known to the police, had incidents of mental health problems and arrests which include alleged disorderly conduct, fare evasion, and assault. The incident took a fatal turn less than 30 seconds after Penny had Neely in the chokehold, precisely when the train pulled into Broadway-Lafayette Station.
Prosecutor Joshua Steinglass, in his objection to Penny’s request for dismissal, stated that while passengers who previously felt trapped could now leave the train, Penny continued to hold Neely by the neck. According to prosecutors, a video of the incident depicts Penny maintaining the chokehold for nearly five minutes on a largely deserted train with a handful of passengers present.
In the footage, Neely ceases all intentional movement around three minutes and ten seconds in. Prosecutors describe Neely’s motions after that point as ‘twitching and the agonal movement seen near death.’
Testimonies of passengers who witnessed the incident firsthand and a nearly six-minute video of the chokehold are expected to be part of the case. Prior to the opening statements, Judge Wiley approved a defense request to consider some of the choking witness statements recorded on police-worn body cameras.
One particular witness, a Ms. Rosario, is seen on a police-worn camera 15 minutes after the incident. Her statements were admitted into evidence as ‘excited utterance,’ according to Judge Wiley. However, a section of her testimony in response to an officer’s question about whether she thought Neely was on drugs was not permitted.
One Mr. Latimer, recorded just a minute later, was considered within the event’s immediacy. His emotional and excited recount of events qualified his statement for admission, as per Wiley.
The jury will also see proof that Neely was unarmed when the incident occurred. Penny’s defense team tried to prevent evidence or testimony discussing the absence of a weapon from Neely’s person, but Wiley ruled it relevant. Wiley reasoned that the fact that Neely held no weapon helps clarify the defendant’s mindset and is critical to the jurors’ understanding.
The trial began with the victim’s family in the audience. Uncle to Neely, Christopher Neely voiced ‘I loved Jordan. And I want justice for Jordan Neely. I want it today. I want justice for everybody and I want justice for Jordan Neely.’ His words underlined the emotionally charged atmosphere as the trial began.