Trial of Daniel Penny in NYC subway chokehold death begins today with opening statements
NEW YORK — The trial of Daniel Penny begins today with opening statements. The 26-year-old Marine veteran is charged in the chokehold death of Jordan Neely, 30, on a New York City subway in 2023.
In May 2023, court documents say, Neely boarded an F train, allegedly shouting, throwing things and acting erratically. Penny told police Neely was threatening to kill everyone on the train. He pinned Neely to the ground and held him in a chokehold for several minutes. Neely died at the scene, and his death was ruled a homicide.
Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide.
Opening statements are expected to start at 10 a.m. Friday. The trial is expected to last about six weeks.
Jury seated for Daniel Penny trial
It took eight days to choose 12 jurors and four alternates. It's an anonymous jury made up of seven women and five men. All ride the subway, some more than others. Most said they had witnessed outbursts on the train, and others said they had been personally harassed or threatened.
Neely struggled with homelessness, mental illness and drug addiction.
While questioning and speaking with potential jurors this week, prosecutors told them while they believed that Penny's intention was a good one and that he wanted to protect people on the subway from what he perceived to be a threat, Penny "went way too far," was reckless and unnecessarily took another life.
Defense attorneys, who refer to their client as Danny, told prospective jurors that just because the medical examiner classified Neely's death a homicide, it doesn't mean Penny is responsible. During jury selection, Penny's attorneys said Neely may have had drugs in his system and suggested they planned to talk about the drug K2 and sickle cell trait during the trial.
The defense hired a jury consultant for the selection process. Past high-profile cases she worked on included O.J. Simpson, Scott Peterson and, more recently, Kyle Rittenhouse.
Defense attorneys wanted to keep the police search of Neely's body out of evidence because officers found no weapon on Neely, but Thursday, a judge ruled it was allowed in.