The trial for Daniel Penny, a 26-year-old ex-Marine, is set to commence with opening statements on Friday. He stands accused for charges of second-degree manslaughter and criminally negligent homicide related to a controversial event that spurred discussions about subway security, mental health, racial interactions, and the concept of vigilante law enforcement. The incident in question involved the death of Jordan Neely, a homeless African-American man, from a chokehold while on a New York City subway in May 2023. Penny maintains his innocence, arguing that his actions were intended to keeping other people safe.
According to eyewitness accounts on the day of the incident, Neely had entered an overflowing train in Manhattan, behaving in an unpredictable and vocal manner. Penny, a Caucasian, seized Neely from the back and applied a chokehold. He sustained this hold for an approximate duration of six minutes. This period even included moments after Neely ceased moving, as per the claims made by the prosecution.
Following the incident, Neely was rushed to a hospital where he was ultimately declared deceased. The verdict from a medical examiner constituted his demise as a case of homicide. Prominently, multiple minutes of the choking episode were recorded on video by an onlooker, which sparked protests and demands for Penny’s detainment. Simultaneously, some members of the public have voiced support for Penny’s actions, contributing over $3 million towards his legal aid fund.
Penny surrendered to law enforcement authorities on a manslaughter charge approximately two weeks subsequent to Neely’s death. By the concluding stages of the following month, the Manhattan District Attorney’s Office made public their indictment against him. This incident has stirred divisive reactions amongst the city’s inhabitants. Many locals have personally encountered chaotic situations on the subways and are now forced to confront larger issues concerning racial dynamics and the treatment of individuals with mental health disorders.
The process of jury selection over the previous two weeks yielded insights into the feelings of the potential jurors. A majority acknowledged frequently commuting via the subway and witnessing encounters with individuals displaying erratic behavior. Some indicated feeling personally endangered by such events, while others did not. Penny maintained that Neely’s behavior was threatening, and his legal representatives expressed confidence that a verdict will deem Penny’s actions as ‘fully justified.’
Currently released on a $100,000 bond, a conviction of manslaughter could lead Penny to serve up to 15 years in prison, with a possible four years for a conviction of negligent homicide. The evidence for the trial is likely to comprise the testimony of witnesses on the subway during the time of the incident and expert opinion in the field of medicine and restraint techniques. A decision on whether Penny himself will testify remains undecided by the defense.
The fatal circumstance unfolded on the afternoon of the first day of May 2023, on a northbound F train at Manhattan’s Second Avenue station. Neely was known to be a Michael Jackson impersonator. According to Juan Alberto Vazquez, an observer who filmed the occurrence, Neely loudly expressed his hunger, thirst, and exhaustion from having nothing, scattering his jacket on the floor of the train.
‘I don’t mind dying. I don’t mind getting incarcerated,’ Neely was quoted by Vazquez. Subsequent to these statements, Penny approached Neely from behind and induced a chokehold, culminating with both tumbling to the ground where they remained for several minutes. When law enforcement reached the subway station in Lower Manhattan just prior to 2:30 p.m., they found Neely unconscious and initiated first aid.
Prosecutor’s court filings reveal differing witness recollections over the exact words spoken by Neely prior to being subdued. While several witnesses admitted to feeling threatened by Neely, others had conflicting feelings including an individual who considered the episode as ‘just another typical day in New York.’ None of the witnesses reported any physical interaction between Neely and anyone else before Penny’s intervention, as per the prosecution record.
As per many witnesses, Neely shared his homelessness, hunger, and thirst. Most commented that Neely was agreeable to the chance of being jailed. In a statement, Penny communicated his profound sadness over the turn of events, disputing any racial motives being involved.
Penny, a decorated marine as per law enforcement and military records, served from 2017 to 2021, achieving the rank of Sergeant. He was last posted at Camp Lejeune in North Carolina. Neely was recognized for his Michael Jackson-inspired performances, offering him some relief from the challenges faced after the murder of his mother in 2007, when he was just 14.
Neely featured on a New York City Department of Homeless Services index containing the details of the city’s homeless with acute requirements, sometimes internally referred to as the ‘Top 50’ list. Reflecting on Neely’s situation, Donte Mills, the lawyer representing Neely’s family, noted that the family hasn’t moved on from the subway incident and likely never will.
Highlighting the crux of the events, Mills said, ‘The reality is that an individual boarded a train and started yelling, and then was choked to death by another person.’ ‘What justification could possibly equate these actions,’ he questioned. An important aspect of the case will be to examine if the force used against Neely was warranted given the circumstances.
Echoing similar sentiments, another source considered whether the threat perceived by others and Penny was real and imminent. They mentioned, ‘We’re employing a reasonable person’s standard here. Hence the focus won’t be just on what Penny expressed, rather the observations of others present during the incident also become of prime importance.