Trial of Daniel Penny in NYC subway chokehold death to begin Friday as jury gets sworn in
NEW YORK — The jury has been sworn in for the trial of Daniel Penny, who is charged with manslaughter and criminally negligent homicide in the death of Jordan Neely on the subway in 2023.
There are 12 jurors and four alternates. Attorneys describe the 12-person jury as made up of at least seven White people, one Hispanic, one Filipino, one Black person and one of Middle Eastern descent. We haven't gotten details on the final juror seated.
Wednesday was the eighth day of jury selection, and things were tense in the courtroom between the attorneys. Potential jurors were not present during those moments.
During jury selection, attorneys for both sides are able to strike or excuse a certain number of jurors without explanation. Prosecutors accused defense attorneys of striking potential jurors based on race. Defense attorneys called that accusation "outrageous" and explained some were dismissed based on organizations they belong to or specific issues related to drug addiction, mental health and homelessness – all issues that will come up at trial. Prosecutors say the defense did not excuse other jurors with similar answers.
"It's not easy picking a jury in a high-profile case," said Thomas Kenniff, Penny's attorney.
"What did you think of the prosecution's allegations that you were striking based on race?" CBS News New York's Alice Gainer asked.
"They were desperate," Kenniff said.
The Manhattan district attorney's office did not comment after the jury was sworn in.
Opening statements will begin at 10 a.m. Friday. The trial is expected to take up to six weeks.
Jordan Neely's death
Neely, 30, was killed on board an F train in SoHo on May 1, 2023.
Court documents say Neely boarded the subway at Broadway-Lafayette Street and allegedly began shouting, throwing things and acting erratically. According to officials, Penny then approached Neely, pinned him to the ground and held him in a chokehold for several minutes. Neely died at the scene, and the medical examiner later ruled his death a homicide.
Penny was later charged and released on $100,000 bail. He pleaded not guilty to the charges in June 2023.
Prosecutors say Penny used excessive force against Neely, a subway performer who struggled with homelessness and mental illness, while Penny's lawyers say he was concerned for others' safety and trying to protect subway riders.
If found guilty on both counts, Penny faces up to 19 years in prison.
