New York, NY — In a Manhattan courtroom, deliberations in the trial of Daniel Penny, who is charged with manslaughter and criminally negligent homicide, have captured the city’s attention. The jury, a diverse group of seven women and five men, requested a second reading of the judge’s instructions on justification defenses just over an hour into their discussion. Penny, 26, a former Marine, has pleaded not guilty, claiming he acted in defense of himself and other passengers when he applied a fatal chokehold on Jordan Neely aboard a subway train in May 2023.
The trial hinges on whether Penny’s use of lethal force was excessive and thus unjustifiable. According to the prosecution, Penny recklessly caused Neely’s death by holding him in a chokehold for six minutes as Neely, a known public figure and Michael Jackson impersonator, allegedly threatened commuters.
Defense attorneys have painted a different picture, depicting Penny as someone who was merely trying to maintain safety in a tense situation, arguing that his military training compelled him to act when he perceived a threat. However, the prosecution, led by Assistant District Attorney Dafna Yoran, displayed startling evidence including a graphic photo of Neely’s eye from an autopsy, and footage showing Neely struggling under Penny’s hold, clawing at his neck before losing consciousness.
The case drew a strong response from Yoran in her closing arguments, dismissing the relevance of Penny’s character testimonials or public appreciation for his actions. She emphasized that Penny should have recognized the signs that Neely was subdued and no longer a threat, accusing him of using excessive force despite his training which should have made him aware of the lethal risks involved.
Jurors also heard from Steven Raiser, Penny’s defense attorney, who criticized the government’s rush to judgment influenced by media attention. He argued that no expert witness could definitively say Penny’s actions were unjustified beyond a reasonable doubt, suggesting the jury should also harbor doubts about the prosecution’s claims.
The emotional weight of the trial was palpable, with details of Neely’s difficult past, including struggles with mental health issues and the traumatic death of his mother, coming to light. Raiser leveraged these to garner sympathy and underscore the complexity of the situation Penny faced that day on the train.
As the jury adjourned without a verdict after 90 minutes more of deliberation following the re-reading of instructions, the anticipation of their decision grows. Both manslaughter and criminally negligent homicide charges carry potential prison time, up to 15 years for the former and four for the latter, though neither is mandatory.
As this high-profile trial continues to unfold, it underscores the ongoing debates surrounding self-defense, use of force, and public safety in America’s vast transit systems. Deliberations are set to resume Wednesday, with the city anxiously awaiting a resolution that could set significant precedents for similar cases in the future.
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