Trial of Daniel Penny Begins in Subway Chokehold Case

Trial Begins for Daniel Penny in Subway Chokehold Incident

Daniel Penny has openly acknowledged that he placed a homeless man, Jordan Neely, in a chokehold aboard a subway car on May 1, 2023. Mr. Penny, a former Marine, stated that he perceived Mr. Neely, a 30-year-old Michael Jackson impersonator who was expressing desperation and hunger, as a potential threat, believing he was about to harm someone. In his account to investigators, Mr. Penny, then 24, insisted that he had to intervene to prevent Mr. Neely from inflicting harm on fellow passengers during the busy F train’s journey through Manhattan.

However, prosecutors argue that Mr. Penny’s actions crossed a legal boundary when he maintained his grip on Mr. Neely long after the latter had gone limp. Once Mr. Penny finally released his hold, a journalist who had been filming the incident continued to record, capturing Mr. Penny standing over Mr. Neely’s motionless body without making any effort to assist him. Tragically, Mr. Neely was pronounced dead later that day at Lenox Health hospital in Greenwich Village.

As of Monday, Mr. Penny is set to face trial on charges of manslaughter and criminally negligent homicide at Manhattan Criminal Court, a legal process that could extend over the course of six weeks.

This violent encounter has sparked significant debate throughout the city, with many New Yorkers expressing that Mr. Penny’s actions reflect the heightened fears and frustrations of transit riders. At that time, crime rates on the subway had surged compared to pre-COVID levels, with frequent reports of people being pushed onto the tracks or assaulted on station platforms.

Conversely, others argue that the incident highlights the city’s failure to provide adequate support for its most vulnerable and marginalized residents. While prosecutors suggest that Mr. Penny may have acted out of fear, they contend that he ultimately failed to recognize Mr. Neely’s humanity.

The jury selection process for this high-profile case is set to commence on Monday. Here is what to expect:

What evidence will prosecutors present?

  • Dafna Yoran and Jillian Shartrand, from the Manhattan district attorney’s office, will lead the prosecution against Mr. Penny.
  • The case is anticipated to heavily rely on a four-minute video documenting the violent confrontation.
  • Prosecutors will also present Mr. Penny’s recorded statements made to detectives shortly after the incident.
  • Eyewitness testimony is expected to play a crucial role in the case.

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