Nov. 1 (UPI) — The Daniel Penny subway manslaughter trial began in New York City Friday. The ex-Marine held the troubled, homeless Jordan Neely in a fatal chokehold after Neely made verbal threats that scared subway passengers.
Neely had said “I will kill” within earshot of passengers on the subway train full of passengers in May 2023.
He did not brandish a weapon.
Prosecutors told the jury Friday that while Penny may be an “honorable veteran” and “nice young man,” Penny used too much force for too long, resulting in Neely’s death.
The defense countered by using their opening statement to say Penny acted to protect passengers from Neely’s erratic behavior.
Assistant District Attorney Dafna Yoran said Penny “was aware of the risk his actions would kill Mr. Neely and did it anyway.”
She added, “Jordan Neely took his last breaths on the dirty floor of an uptown F train.”
Penny has pleaded not guilty to manslaughter and negligent homicide charges.
Defense attorney Thomas Kenniff said in the opening statement, “When Neely threatened to kill, there was only one thing that Daniel Penny could do.”
The defense lawyer said Neely was raving with verbal threats, acting erratically and passengers were afraid. He said Penny was trying to defend against Neely’s threats.
“This is a case about a young man who did for others what we would want someone to do for us,” Kenniff said. “It doesn’t make him a hero, but it doesn’t make him a killer.”
Penny held Neely in a chokehold on the train floor, maintaining his hold that had cut off oxygen to Neely’s brain even after Neely had lost consciousness.
In court, jurors saw body cam video of paramedics attempting to revive Neely and one could be heard saying, “He’s not breathing.”
The video showed Penny waiting nearby, seemingly composed. He was heard on the video saying to officers that he put Neely down.
Prosecutor Yoran pointed at Penny as she told jurors he took it upon himself to take Neely down. “To neutralize him,” she said.
Yoran said Penny maintained the chokehold for 51 seconds after Neely went limp and that “pushed Mr. Neely to the point of no return.”
Kenniff described Neely as “seething and psychotic” and told jurors he stormed onto the subway train and Penny heard Neely say that he would kill.
He said Penny did not intend to kill Neely. He said Penny borrowed “a bit” from Marine martial arts training to apply the chokehold that killed Neely.
