Opening statements are set to begin Friday for the US military veteran accused of fatally choking a homeless Black man on the New York City subway last year, in a case that touches on the hot-button issues of subway crime, mental illness, race relations and vigilante justice.
Daniel Penny, a 26-year-old former Marine, faces charges of second-degree manslaughter and criminally negligent homicide in the May 2023 chokehold death of 30-year-old Jordan Neely. Penny has pleaded not guilty and argued he was acting to protect others.
Neely had boarded a crowded subway in Manhattan and was acting erratically and loudly yelling, according to witnesses. Penny, who is White, then grabbed Neely from behind and put him in a chokehold, and he maintained that hold for about six minutes, including after Neely stopped moving, according to prosecutors.
Neely was later pronounced dead at a hospital. A medical examiner ruled his death a homicide.
Several minutes of the chokehold were captured on bystander video, leading to protests and calls for Penny to be arrested. Others have defended Penny’s actions and have donated over $3 million to his legal defense fund.P
Penny surrendered to police on a manslaughter charge nearly two weeks after Neely’s death, and the Manhattan District Attorney’s Office announced an indictment at the end of the following month.