Trial of Daniel Penny, charged in chokehold death of Jordan Neely on subway, to begin in early October
NEW YORK -- The Marine veteran charged with killing a man on the subway will stand trial in the fall.
Before the Oct. 8 proceeding begins, the judge will hold a suppression hearing to determine whether statements Daniel Penny made to police the night Jordan Neely died can be presented as evidence.
Penny arrived at Manhattan Criminal Court at around 9:30 a.m. on Wednesday, appearing somber and not speaking to reporters. Courtroom sketches show his gaze fixed on Judge Maxwell Wiley.
Last summer, a grand jury indicted the 24-year-old on manslaughter in the second degree and criminally negligent homicide. Penny pleaded not guilty.
His attorneys say their client was defending himself and other subway passengers when he put Neely in a chokehold, resulting in his death.
According to court documents, Neely, 30, entered an F train on May 1, 2023, and began making verbal threats to passengers.
Witnesses said Neely, a street performer, who, according to his family, struggled with mental illness and homelessness and was known to police was acting "irate."
Court documents say Penny approached Neely from behind and put him into a chokehold, which he continued for several minutes, including after Neely's body stopped moving.
First responders attempted resuscitative Neely, who was pronounced dead at the hospital. The medical examiner ruled his death a homicide.
The incident sparked outrage and demonstrations across New York City. Neely's father stood alongside the family's attorney, Lennon Edwards, as he pushed for justice.
"On that day, Daniel Penny was judge, jury and executioner, and we're hoping that when this trial starts he'll be facing a judge, jury and sentence. That's what justice looks like," Edwards said. "We want to remind you that when Jordan was on the train that day he was unarmed. He had no gun. He had no knife. He was hungry. In his desperation he was emotional, but distressed does not mean dangerous."
Last week, Penny's attorney, Thomas Kenniff, praised the Brooklyn district attorney for not pursuing charges against a subway rider who shot an "agitator" with his own gun during a fight on a train, and hinted that he may point to that case as he formulates penny's defense.
"While we still hold out hope that the Manhattan District Attorney's Office will see the injustice in continuing this prosecution, we are prepared to defend Mr. Penny at trial and have every confidence that he will be fully exonerated," Kenniff said. Wednesday.
A judge previously denied Penny's request to have his manslaughter charge thrown out. If convicted, Penny faces up to 20 years in prison.
The suppression hearing will happen on Sept. 17. Jury selection begins Oct. 8.
