Closing statements are scheduled for Monday in the trial of a military veteran accused of recklessly causing the death of a mentally ill homeless man by choking him following an altercation on a subway train in Manhattan.
Daniel Penny has pleaded not guilty to charges of manslaughter and criminally negligent homicide in the death of Jordan Neely in May 2023. Penny maintains that he acted in self-defense, fearing that Neely’s behavior posed a threat. His actions have ignited passionate discussions about race relations, urban safety, crime, homelessness, and mental health.
Some view Penny, a 26-year-old former Marine now studying architecture, as a hero who protected fellow passengers from an unstable individual, believing Neely might soon become violent. In contrast, others see Penny as a white vigilante who took the life of a Black man who was in dire need of assistance. Neely, 30, had once been a popular figure on the subway, performing Michael Jackson impersonations. However, he struggled with addiction, mental illness, and a criminal history that included assault convictions.
Throughout the month-long trial, the jury, whose identities remain undisclosed, listened to testimonies from subway riders who saw the six-minute chokehold, police officers who responded to the incident, pathologists, a psychiatric expert, a Marine Corps instructor who had trained Penny in chokehold techniques, and Penny’s family, friends, and fellow Marines. Penny opted not to testify in his own defense.
The jury reviewed video footage captured by bystanders and police body cameras, showing Penny explaining his actions to officers at the scene and later in an interrogation room. “I just wanted to keep him from getting to people,” Penny told the detectives, demonstrating the chokehold and describing Neely as “a crackhead” who was “acting like a lunatic.” “I’m not trying to kill the guy,” he asserted.
Several witnesses recounted Neely’s behavior, which included shouting about needing food and water, throwing his jacket to the floor, and expressing indifference about whether he lived or went to jail. Testimonies varied on whether Neely’s movements were threatening. While some passengers were frightened by him, others felt relieved when Penny intervened and restrained Neely.
The city’s medical examiners concluded that Neely’s death was caused by the chokehold. However, a pathologist hired by the defense disputed this conclusion. Prosecutors argue that while Penny may have intended to protect others, his use of excessive force demonstrated a lack of concern for the life he was restraining. They pointed out that Penny continued to apply pressure on Neely’s neck even after the train had stopped and passengers were free to exit, despite bystanders urging him to release the chokehold, and even after Neely had stopped moving for nearly a minute.
The defense contends that Penny maintained the chokehold because Neely attempted to break free at various points and that the pressure was not sustained long enough to cause death. Penny’s legal team is expected to highlight their pathologist’s testimony, suggesting that Neely’s death resulted from a combination of factors and not solely the chokehold.
{Matzav.com}