As the trial of Daniel Penny commences, he stands accused of causing Jordan Neely’s death by placing him in a fatal chokehold aboard a New York City subway on May 1, 2023. Neely, a homeless individual, was reported to exhibit erratic behavior prior to the incident. Outside the 13th-floor courtroom, the echoes of street demonstrations protesting Neely’s death resonated, with Penny being branded as the ‘subway strangler’. In response, presiding Judge Max Wiley committed to urging the jury to disregard the external commotion.
Dressed professionally in a slate blue suit, Daniel Penny projected an aura of confidence as he walked into the courtroom, taking his seat at the defense table. With a background as a former Marine, Penny pleads not guilty to the allegations of second-degree manslaughter and criminally negligent homicide relating to Neely’s demise. Earlier this year, Penny was unsuccessful in his attempt to dismiss the charge of involuntary manslaughter.
The jury, composed of seven women and five men, including four people of color, is faced with a formidable duty. They are tasked to render a verdict on a case where prosecutors acknowledge the complexity of charging someone with a non-intended crime. To secure a conviction, the prosecution must effectively demonstrate that Penny used lethal force in a manner that cannot be justified, and that he exhibited recklessness and conscious disregard for the serious risk involved in maintaining the chokehold for a prolonged period.
In their instructions, prosecutors clarified that their objective is not to establish that Penny intentionally sought to kill Neely; an argument the defense strongly asserts. This high-stakes trial is scheduled to last approximately four to six weeks, further stirring the city’s conversations around urban crime and the insurmountable importance of its subway system.
Witness accounts present the sequence of events leading up to the chokehold from multiple perspectives. It isn’t disputed that Penny caused Neely’s death, but there exists a degree of ambiguity around the circumstances that preceded Penny’s decision to apply the fatal chokehold. According to the prosecution, Neely, a 30-year-old performing as a Michael Jackson imitator who was unhoused and hungry, had openly expressed his dire state and even his readiness to go to jail.
However, some witnesses denoted an alarming behavior, indicating that Neely was making threats to inflict harm on subway passengers. Police sources indicate a contrasting account with other passengers failing to recall such threats. More variance arises from the accounts of passengers who reported blatant disruption from Neely on the subway, whilst others claimed his erratic behavior was not directly threatening towards anyone.
Court transcripts from the prosecution paint a complex picture of the atmosphere on the subway on the day of the incident. While certain passengers claimed they felt non-threatened, one passenger recounted it as a situation they were accustomed to witnessing in New York. Others, however, reflected their fear, mentioning the ‘half-lunge’ movements from Neely that brought him dangerously close to passengers.
The police records reveal Neely’s past complications with mental health issues and offences, including allegations of disorderly conduct, fare evasion, and assault. This signals a regular run-in with law enforcement in Neely’s life. Following Penny’s deployment of the chokehold, the subway arrived at the Broadway-Lafayette Station within 30 seconds. It was here that passengers previously fearful due to being confined in the train carriage were able to depart.
Prosecutor Joshua Steinglass noted that Penny continued his grip around Neely’s neck even as the passengers were able to exit freely. Video footage entered into evidence by prosecutors shows Penny maintaining the fatal chokehold for approximately five minutes in an almost vacant train. Three minutes and ten seconds into the video, Neely ceases all intentional movements.
The trial will consider the testimonies of those who were present on the subway and a video presentation of the grappling hold, lasting about six minutes. Judge Wiley approved the defense’s request to include some witness statements recorded on police body-worn cameras occurring at the moment of the incident.
In addition to this, the defense objected to the inclusion of evidence or witness testimonies concerning the lack of any weapon found on Neely’s person. Judge Wiley overruled this, stating such evidence is pertinent and could aid the jury by providing clarity about the situation as perceived by the defendant.
Concerning the evidence that Neely was unarmed, Wiley stated he believes it would assist the jury in understanding whether Penny’s reaction was warranted. There were expressions of concern from the defense, suggesting that such evidence could potentially generate sympathy for the victim. However, Wiley argued it would aid in deliberations concerning the justifiability of Penny’s actions.
Despite the tense atmosphere, members of Neely’s family attended the trial. His uncle, Christopher Neely, expressed his longing for justice for his nephew. As the trial unfolds, the prosecution will present their arguments, acknowledging that Neely could’ve appeared frightening to subway passengers, but emphasizing that continuation of the chokehold far exceeded the point at which Neely ceased moving and was no longer a threat.