Monday marked a pivotal point in the legal proceedings surrounding the case of Daniel Penny, the alleged murderer from a NYC subway confrontation. Assistant District Attorney Dafna Yoran emphasized during her closing statement, ‘No one had to lose their life on May 1, 2023’. This was in reference to the tragic chokehold incident that led to the demise of Jordan Neely, an African-American homeless individual. Neely reportedly made verbal threats that instilled fear in several subway passengers before his untimely death.
The jury, composed of 12 members, is not expected to commence deliberations until Tuesday. However, the presiding judge has asked the jurors to consider the possibility of extending the deliberations into Wednesday. Daniel Penny’s legal counsel concluded its case on November 22 in a court situated in Manhattan. Interestingly, the defense chose not to have Penny, a 26-year-old ex-marine, testify on the stand.
The Long Island-native Daniel Penny had declared his non-guilt in June regarding accusations of manslaughter and negligent homicide. It’s worth noting that if found culpable, Penny might be looking at a maximum sentence of 15 years. However, no minimum sentence has been prescribed. Cheers of ‘Guilty!’ greeted Penny when he made his entrance into the court on Monday morning.
Penny is held reponsible by prosecution for having ‘recklessly’ caused Neely’s demise. Neely, who worked as a street performer and impersonated Michael Jackson, succumbed in a life-claiming chokehold, around six minutes long, on the floor of an F train in Manhattan’s Lower East Side. Pertinently, a public member captured a portion of the event, which subsequently gained viral status on various social media platforms.
The prosecution argues that, at 25 and as a former Marine, Penny had used an overly violent response. Witnesses apparently confirmed that Neely, at no point, displayed a weapon or engaged a passenger in a direct physical encounter. However, the defense made an effort to minimize the significance of the incident and cast Penny as a heroic figure, of a kind.
The passengers who managed to witness the regrettable subway incident were reported to have displayed varied emotions, from stark terror to an apparent lack of fear. During his address on Monday, defense attorney Steven Raiser described a ‘violent and desperate’ Neely who boarded the train ‘Consumed with anger and seemingly heedless of repercussions,’ Raiser suggested to the jury that Penny had ‘Stepped up to protect those individuals present’.
Despite yielding the point that Neely had stepped onto the train in a fashion that could be described as ‘dangerously threatening,’ Yoran argued that the extent to which Neely could have been considered a threat didn’t necessitate the deployment of judge, jury, and executioner by Penny. Yoran acknowledged the initial validity of Penny’s actions but added that he had maintained his grip for an overly extended duration.
A city medical examiner has since confirmed that Neely died due to complications originating directly from the chokehold applied by Penny. Nevertheless, the defense aimed to attribute Neely’s fate to a combination of synthetic marijuana found in his system and a pre-existing genetic condition.
Raiser insisted that Penny ‘did not employ a procedural Marine chokehold with the intention of rendering Mr. Neely unconscious,’ in his statement. The prosecution, on the other hand, contended that Penny ‘had a multitude of options to subdue Jordan Neely without resorting to a lethal chokehold,’ summed up Yoran.