US veteran Daniel Penny on trial in New York for fatal subway chokehold

In 2023, a former US Marine will stand trial for choking a guy to death while he was on a New York subway. If found guilty of manslaughter, the veteran, Daniel Penny, 25, could spend up to 15 years in jail; if found guilty of the lesser charge of criminally negligent homicide, he could spend up to four years. The high-profile trial’s jury selection process might take up to a week, starting on Monday. According to legal experts, the trial itself can go on for six weeks.

A case that ignited a national conversation about race and criminal justice is receiving renewed attention as a result of the judicial proceedings. Neely, a black homeless street performer, was allegedly acting strangely on a subway train on May 1, 2023, when Penny, a white woman, attempted to restrain him. Witnesses claim that Penny “recklessly caused the death” of Neely. According to witnesses, Penny approached Neely, who had a history of drug abuse and mental illness, as he was yelling and demanding money.

Using two other passengers to help her pin Neely to the ground, Penny choked him for over three minutes until his body became slack. The medical examiner’s office determined that the death was a homicide due to neck compression. Penny’s lawyers claimed that he did not want to murder Neely, but rather to hold him down until police arrived. Penny, who lives on Long Island to the east of the city, claims Neely said, “I’m gonna’ kill you” and that he was “ready to die” or spend the rest of his life in jail.

Penny’s attorney, Steven Raiser, said the defense intends to present other possible causes for Neely’s death, such as high quantities of the synthetic cannabinoid K2 discovered in his body. They’ll also contend that footage widely posted on social media shows Penny wasn’t continuously applying enough pressure to knock Neely out, let alone kill him. In their court filings, prosecutors contended that Penny’s conduct were reckless and negligent, even if he had no intention of killing Neely.

Following Neely’s death in 2023, demonstrators marched through the streets, asking that police arrest Penny, while others gathered outside the courthouse to show their support once he was charged. Numerous right-wing US politicians supported Penny’s cause, including Florida governor and unsuccessful Republican presidential candidate Ron DeSantis, who stated, “We stand with Good Samaritans like Daniel Penny.” Let us show this Marine… “America has his back.”

The New York City subway system is one of the world’s largest public transportation networks, with 472 stations and 399 kilometers (248 miles) of routes, with a daily ridership of around 3.6 million. Penny, who served in the Marines for four years, is free on a $100,000 bond while awaiting his trial. Neely’s uncle, Christopher Neely, stated that he and his family members are optimistic about the outcome of the trial. “Justice for Jordan is all we think about,” stated the man.