New York — Jury selection commenced Monday for the trial of Daniel Penny, a 25-year-old former U.S. Marine, who faces manslaughter charges stemming from a fatal confrontation on a New York City subway last year. Penny is accused of placing Jordan Neely, 30, in a chokehold that led to his death on May 1, 2023.
Penny, a veteran discharged in 2021 after four years of service, allegedly restrained Neely, previously known for his work as a street performer, amid claims that Neely was behaving unpredictably and demanding money from fellow passengers. The incident, captured by commuters, shows Penny, assisted by two others, subduing Neely on the train floor. The struggle ended fatally, with the medical examiner ruling Neely’s death a homicide due to neck compression.
As the trial unfolds in Manhattan, expectations are high for the case to rekindle heated discussions around race, justice, and police conduct in America. The public’s attention is sharply divided, as evidenced last year when groups demanding Penny’s arrest clashed with his supporters outside the courthouse. The case has also resonated beyond New York, drawing comments from Republican presidential candidates.
Charged with second-degree manslaughter, Penny risks up to 15 years in prison. An alternative conviction for criminally negligent homicide could result in a maximum of four years. Currently free on a $100,000 bond, Penny’s defense argues the Long Island native did not intend to kill Neely but merely restrain him until police could intervene.
According to Penny’s attorney, Steven Raiser, the defense will also present evidence suggesting other factors contributed to Neely’s death, including the presence of a synthetic cannabinoid in his system.
Raiser plans to contest the prosecution’s claim about the chokehold’s lethality, citing video evidence purportedly showing Penny not applying continuous pressure. Regardless, Manhattan prosecutors maintain that Penny’s actions were sufficiently reckless and negligent.
As the proceedings attract widespread media coverage, Neely’s relatives, including his uncle Christopher Neely, watch closely, hoping for justice. “Justice for Jordan is all we think about,” Christopher stated, expressing the family’s yearning for closure and accountability in this tragic case.
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