The highly anticipated manslaughter trial of Marine veteran Daniel Penny began on Monday in Manhattan Supreme Court. Penny, 26, faces charges of second-degree manslaughter and criminally negligent homicide following the death of Jordan Neely, a 30-year-old homeless man, after a tragic encounter on a New York City subway in May 2023.
The Incident: A Clash in a Crowded Subway Car
On May 1, 2023, the paths of Penny and Neely crossed in a crowded subway car, where bystander footage captured Penny placing Neely in a chokehold after the latter was heard shouting about being hungry, thirsty, and threatening to kill someone. Penny, a former Marine who had been honorably discharged in 2021, was seen wrapping his arms around Neely's neck and holding him on the floor of the subway. The incident, captured on video, sparked widespread public attention and divided opinions on the limits of self-defense in public spaces.
According to defense attorney Steve Raiser, Penny’s legal team will argue that he did not intend to harm Neely. Instead, they will claim Penny acted in response to what he perceived as a legitimate threat, as Neely’s outbursts frightened several passengers. "The people on that train with Danny feared for their lives," said Raiser. "Nearly everybody there who testified was afraid of Mr. Neely."
The trial, which is expected to take up to six weeks, will begin with jury selection and opening statements in early November.
Who Was Jordan Neely?
Neely, who had a history of homelessness and mental health struggles, was a familiar figure on New York’s streets as a performer, often impersonating Michael Jackson. Advocates for Neely describe him as a "young man in real crisis," who had been in and out of homelessness throughout his life. His sudden and tragic death has raised broader questions about the treatment of homeless individuals in New York City and the responsibility of bystanders in volatile situations.
The Legal Battle: Penny’s Defense vs. Prosecution
Throughout the trial, prosecutors will argue that Penny acted recklessly, causing Neely’s death by ignoring a "substantial and unjustifiable risk." The key charge of second-degree manslaughter hinges on the medical examiner's ruling that Neely's death was caused by "compression of the neck." Prosecutors contend that Penny’s actions crossed the line into criminal recklessness, ultimately leading to Neely’s death.
The defense, however, is prepared to counter this narrative with evidence they believe shows Penny’s actions were not intended to be fatal. A Marine with a black belt in karate, who once trained Penny, will testify as an expert to demonstrate that the hold Penny applied was technically not a chokehold and should not have been fatal. The defense also plans to argue that Penny acted in self-defense, as witnesses feared for their safety during Neely’s outburst. Penny’s team will highlight Neely’s threats and erratic behavior in the moments leading up to the incident.
In statements made to police after the incident, Penny reportedly said, "Neely came on the train threatening people. I put him out." The defense has fought to exclude these statements from the trial, but they will likely play a significant role in shaping the jury’s perception of Penny’s intentions.
What to Expect During the Trial
A range of evidence will be presented throughout the trial, from video footage of the encounter to witness testimonies and expert analyses. The defense believes that the video, which shows Penny holding Neely in a restraint for several minutes, supports their claim that Penny’s actions were measured and not overly aggressive. "If Penny had administered a more forceful chokehold, Neely would have been unconscious in seconds," Raiser argued, emphasizing that Neely remained conscious for a significant portion of the encounter.
On the other hand, prosecutors will seek to show that Penny’s decision to maintain the hold for several minutes resulted in Neely’s death and that his actions were disproportionate to the perceived threat.
Public Reaction and Legal Implications
The case has sparked significant public debate, particularly surrounding issues of homelessness, mental health, and the role of bystanders in dangerous situations. Following the incident, Penny was initially questioned and released by the New York Police Department, a decision that drew criticism from Neely’s family and advocates. In June 2023, a grand jury indicted Penny on second-degree manslaughter charges, reigniting discussions about whether he should have been detained immediately after the incident.
As the trial unfolds, many will be watching closely to see how the jury navigates the complex issues of intent, self-defense, and public safety. The outcome could have far-reaching implications for similar cases in the future, particularly in a city where tensions on public transit have become increasingly common.
With both sides presenting compelling arguments, the jury's decision will be pivotal in determining whether Penny's actions were a justified response to a perceived threat or a reckless act that cost Jordan Neely his life.