Jury selection begins in the Manhattan trial of former Marine Daniel Penny, 25, who’s charged with manslaughter and criminally negligent homicide in the chokehold death of Jordan Neely. The case stems from May 2023 when Penny and Neely crossed paths on a New York City subway train.
Penny’s lawyers argue witnesses said a man, identified as Neely, shouted obscenities at subway passengers, terrorizing them, even saying, “Someone is going to die today!” when Penny confronted Neely and restrained him using a chokehold.
Penny told investigators he subdued Neely to prevent him from causing harm to anyone on a crowded F-train.
The chokehold lasted several minutes, and Neely was eventually taken to a hospital where he was later pronounced dead.
Police questioned Penny the night of Neely’s death and let him leave the police station that same night. However, a medical examiner ruled Neely’s death a homicide, prompting Penny to surrender 11 days after the incident.
He has been out on $100,000 bail.
Video of the incident spread on social media platforms, causing outrage — as Neely’s family said he had been dealing with mental health and addiction issues and was homeless at the time of his death.
Penny’s defense attorneys argue he did not intend to kill Neely, only to restrain him until police arrived because he was acting “erratically” and threatening to kill people.
Prosecutors argue Penny failed to see the humanity in Neely.
The trial is expected to last about six weeks with witnesses to Neely’s behavior and the chokehold expected to testify. However, it’s unclear if Penny will take the stand in his own defense.
If convicted, Penny faces 19 years in prison.
