New York – A Manhattan legal case has drawn widespread attention as Daniel Penny, a 24-year-old retired Marine, faces charges of second-degree manslaughter and criminally negligent homicide following an incident on a subway train where he applied a fatal chokehold on Jordan Neely, a homeless man and former entertainer. This disclosure came after a judge ruled on Friday that certain statements Penny made to police, alongside video evidence, will be admissible in court.
The focus of contention in this high-profile case is footage recorded during Penny’s police station interview on the day of Neely’s death in May 2023, and multiple body camera videos captured by the responding officers. These pieces of evidence, which the defense sought to exclude from the trial, feature Penny attempting to describe and justify his actions during the fatal encounter.
In his statement to police, captured in these recordings, Penny said, “I’m not trying to kill the guy, I’m trying to deescalate the situation.” He further explained his intervention on the subway by stating, “He was threatening people… there were women and children on the train.”
In the aftermath of the incident, recorded videos show Neely, a 30-year-old who was known to struggle with mental health issues and had previously impersonated Michael Jackson for a living, being subdued by Penny. The chokehold apparently lasted several minutes before Neely became unresponsive. Subsequent body camera footage captured by police showed officers detecting a faint pulse in Neely and administering CPR shortly after their arrival.
As Penny’s trial is set for later in October, public and media interest remains high due both to the nature of the altercation and the wider debates it has sparked concerning vigilantism and racial tensions. Penny, who is white, has faced accusations ranging from racial bias to excessive use of force. Conversely, others have lauded his intentions as those of a good Samaritan trying to maintain public safety.
This case captures a potential racial undertone, with Neely being Black. The dialogue around the incident reflects deep divisions in perceptions of race, homelessness, and public safety. The deceased’s family and supporters argue that Neely was in distress and seeking assistance, a plea met with deadly force.
Legal experts note that the charges against Penny require proving he recklessly caused the death of Neely while understanding the risk of serious harm. For a conviction of second-degree manslaughter, which could lead to up to 15 years in prison, this element is crucial. Meanwhile, the criminally negligent homicide charge would require demonstrating that Penny acted with a gross deviation from reasonable care, foreseeing potential fatal risks, a conviction carrying a maximum of four years.
Penny’s involvement and his statements during police interrogation—where he demonstrated the restraining technique used on Neely—will be central to the trial. The judge upheld that the evidence was gathered legally and that Penny had waived his Miranda rights during questioning.
Throughout his four-year tenure in the Marines, which ended in 2021, Penny emphasized the defensive techniques learnt during his service, purporting to use such during the fatal encounter. His defense argues that his arrest was conducted without proper reading of his rights at the appropriate time, questioning the legality of the subsequent evidence.
This case underscores critical questions about the responsibilities and legal boundaries of civilian interventions in public safety incidents, setting a precedent for future incidents involving claims of self-defense or public protection by private citizens.