[Closing arguments will take place Monday in the trial of Daniel Penny, a 26-year-old man accused of killing 30-year-old Jordan Neely, a homeless New Yorker, in a subway car. The case has raised questions about mental illness, race relations, and vigilante justice.
Penny is charged with second-degree manslaughter and criminally negligent homicide, carrying a maximum sentence of 15 years in prison if convicted of manslaughter or four years if convicted of negligent homicide.
Prosecutors argue that Penny, who is White, showed indifference and acted with disregard by holding Neely, who is Black, in a chokehold for an excessive amount of time. Defense attorneys, on the other hand, focused on Penny’s character, presenting a string of witnesses from his childhood and time in the Marines, and challenging the medical examiner’s ruling that Neely’s death was caused by the chokehold.
The trial has been filled with video and audio evidence, including 911 calls, bystander video, and police body camera footage.
Jury selection was smooth, with most potential jurors saying they ride the subway frequently and have witnessed outbursts from people acting erratically on the trains. Some witnesses described a callous disregard for Neely’s life, saying Penny did not let go of the chokehold even when others on the train told him to.
Prosecutors called several bystander witnesses, who testified they were scared by Neely’s behavior and relieved when Penny put him in a chokehold. However, defense attorneys declined to call any bystanders who witnessed the event, suggesting the prosecution’s witnesses were making their case.
Penny, a former Marine, served four years in the US Marines as a sergeant from 2017 to 2021, and his defense team has sought to establish his good character. However, prosecutors have alleged his training in the Marines proves he knew what he was doing during the chokehold.
The case has also raised questions about Penny’s use of a blood choke technique, which his martial arts instructor in the Marines said was incorrect. Paramedics who testified for the prosecution said they made multiple failed attempts to revive Neely, who had no pulse and was not breathing when they arrived.
Medical experts from both sides have disagreed on the cause of death, with the medical examiner concluding that the chokehold caused Neely’s death and another expert attributing his death to a combination of factors, including his sickle cell trait, schizophrenia, the struggle and restraint by Penny, and K2 intoxication.
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