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Trial Begins for Daniel Penny, Ex-Marine Charged in Fatal Subway Chokehold of Jordan Neely

Updated
Oct 22, 2024 3:08 PM
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Daniel Penny, a former U.S. Marine, is accused of manslaughter in the death of Jordan Neely, who passed away after being placed in a chokehold on a Manhattan subway train. Jury selection is set to commence on Monday in the highly anticipated trial. The case has reignited national discussions regarding the management of mental health crises in public spaces, criminality, and race.

Penny, 25, was charged with criminally negligent homicide and second-degree manslaughter following the May 1, 2023 incident. During the incident, Penny restrained Neely, a 30-year-old Black man who was renowned for his performance as a Michael Jackson impersonator. Witnesses reported that Neely had been behaving erratically and swearing, which prompted Penny and two other passengers to intervene. Neely was subjected to a chokehold by Penny for more than three minutes, which led to his loss of consciousness. Subsequently, the medical examiner determined that his death was the result of neck compression, rendering it a homicide.

Prosecutors will contend that Penny's actions were irresponsible, which resulted in Neely's death, during the forthcoming trial, which is anticipated to last six weeks. Penny may be sentenced to 15 years in prison for manslaughter and up to four years for criminally negligent homicide if she is found guilty.

The death of Neely sparked protests throughout New York City, as advocates emphasized the systemic failures in addressing homelessness and mental health. David Giffen, executive director of the Coalition for the Homeless, stated, "There is simply no reason for Jordan Neely to be dead today." "Jordan's death was the result of numerous systemic failures."

Penny, who is currently free on a $100,000 surety, maintains that he acted to safeguard his fellow passengers. The outcome of the trial may be contingent upon the jury's assessment of Penny's actions as either a necessary response to a perceived threat or an unnecessary escalation that resulted in a lamentable loss of life.

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