Daniel Penny in court as new evidence shown ahead of Jordan Neely subway chokehold trial
NEW YORK -- Daniel Penny returned to court Thursday for a pre-trial hearing in the 2023 subway chokehold death of Jordan Neely.
The purpose of the hearing is to sort through which evidence will and will not be allowed in this month's trial, including video of an NYPD detective interviewing the Marine veteran after the incident. The judge is expected to make a decision on the evidence by the end of the day on Friday.
Penny, 25, has pleaded not guilty to second-degree manslaughter and criminally negligent homicide charges in the May 1, 2023 chokehold death on a subway in SoHo.
Prosecutors say Neely, who struggled with homelessness and mental illness, needed help and the system failed him, and they allege Penny used excessive force.
Jury selection in the case is expected to start Oct. 21. If convicted, Penny faces up to 20 years in prison.
Video in question shows NYPD interview Penny
In the interview played in court Thursday, Penny told the detective Neely was acting aggressively, throwing things and threatening to kill people on the F train. He said Neely approached him, and Penny put him in a chokehold.
He told the detective, "I'm not trying to kill the guy. I'm just trying to deescalate the situation."
The defense argued the statements came while Penny was detained without probable cause to arrest. However, prosecutors said the statements were obtained legally.
Multiple NYPD officers and detectives were called to the stand as the stationhouse interview and police body-cam videos were played.
A detective testified that several witnesses, including Penny, were brought to the station to explain what happened. Penny wasn't under arrest, but was read his Miranda rights and waived them to answer questions, even demonstrating the hold he says he placed on Neely.
That could be key to the case, as prosecutors argue Penny was negligent and his actions were unwarranted.
A search of Neely's jacket pocket for weapons turned up a muffin. Several officers testified they felt a faint pulse, so they did not perform CPR right away. Neely was given Narcan and eventually CPR was administered, but he died.
Penny was charged 11 days after the deadly encounter and was released on $100,000 bail. His attorneys filed a motion to dismiss the charges, but a judge denied their request.
Jury selection was initially set for Oct. 8, but has been rescheduled for later in the month.
Jordan Neely case sparks unrest
Neely was a 30-year-old subway performer known for his Michael Jackson impersonations. Records show he struggled with homelessness and mental illness after his mother was murdered in 2007.
Social media video of his death sparked nearly two weeks of demonstrations across the city, with growing calls for Penny to face charges. Others around the country rushed to Penny's defense, raising millions of dollars for his legal defense.
Neely's death also sparked debate over how the city responds to people having a mental health crisis. Police said they had more than a dozen encounters with Neely over the years, and CBS News New York learned he had agreed to out-patient treatment as part of a plea deal from a prior arrest, but left the program within weeks.