Daniel Penny’s trial for Jordan Neely’s subway death begins

Daniel Penny returned to a Manhattan courthouse this morning for opening statements in his trial for manslaughter for the death of Jordan Neely, an erratic homeless man he placed in a chokehold during an outburst on the subway.

Outside, protesters held signs and a megaphone, labeling Penny’s actions as “illegal,” although his defense has argued that his actions were fully justified under the law due to the threats Neely shouted out loud on the subway.

In court, prosecutors first made their comments, admitting that Neely “scared a lot of people” on the train where he died.

“Jordan Neely breathed his last on the dirty floor of an uptown F train – at the time he died he was 30 years old, homeless, using synthetic drugs and suffering from mental illness,” Manhattan Assistant District began Attorney Dafna Yoran.

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Daniel Penny arrives for opening arguments in his trial at Manhattan Criminal Court in New York City on November 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and negligent homicide in the 2023 death of Jordan Neely during a new court case. York City Subway. (Adam Gray for Fox News Digital)

Video of the incident shows other passengers helped Penny restrain Neely, who later died. The trial starts after more than a week of jury selection.

Prosecutors said in a 45-minute opening statement that Penny maintained the chokehold for 5 minutes and 53 seconds, calling the move “needlessly reckless.”

“He did not intend to kill him, but the law allows deadly physical force, such as a chokehold, only when absolutely necessary and only as long as it is absolutely necessary,” the prosecutor continued.

Screenshot from bystander video of Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

The defense countered that Penny was defending herself and other passengers from Neely’s threats of violence.

“This is a case about a young man who did for others what we would want someone to do for us,” began the opening statement from co-defense counsel Thomas Kenniff. “Words like ‘I’m ready to die. I’m ready to serve a life sentence,’ when these threats are spoken in the confines (space) of a moving subway train, you bury your head and pray, or you stand up and protect your neighbor. That’s what Danny Penny did.”

Penny grew up in a middle-class family in New York and joined the Marine Corps to serve his country and also to secure the means to pay for a college education, his lawyers said.

He studied architecture at the New York City College of Technology and was working as a swimming instructor and barback at the time of his encounter with Neely, who was described by lawyers as “a seething psychotic” who was “high on drugs” when he boarded the subway car and started screaming.

This undated photo provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. Daniel Penny, 24, a U.S. Marine veteran who used a fatal chokehold on agitated New York City subway passenger Jordan Neely, was released hours after surrendering to a manslaughter charge filed nearly two weeks after the encounter. (Courtesy of Mills & Edwards, LLP via AP)

“As the doors close and the train heads towards the dark tunnel, Neely slams his jacket on the ground with such force that the train comes to a standstill,” Penny’s defense continued. “He demands drinks, food and money. He tells passengers that if they don’t give them what he wants, he will take it from them.”

He raised his voice and ranted about being returned to Rikers Island prison, where he received a life sentence and was prepared to die, the defense continued.

“Passengers stream to the far end of the subway, Neely focuses his gaze on a group of female passengers, (and) at that moment Danny sees a mother barricading her son behind a stroller,” the lawyers said. “Neely utters the words, ‘I will kill,’ and, ladies and gentlemen of the jury, when Jordan threatened to kill Neely, there was only one thing Danny Penny could do.”

Protesters, including Christopher Neely, Jordan Neely’s uncle, gather and call for justice for Jordan Neely outside the trial of Daniel Penny at Manhattan Supreme Court in New York City on Friday, November 1, 2024. Today is the first day of opening statements in Penny’s trial, in which he is charged with second-degree manslaughter and negligent homicide in the 2023 death of Jordan Neely on a New York City subway. (Adam Gray for Fox News Digital)

After Neely announced the threat, there was no time to “de-escalate the situation,” they said. Penny acted defensively to take the fool down.

“Danny’s intent was not to kill Mr. Neely, in fact, he did not intend to hurt him at all,” the defense continued. “The evidence will show that Danny consciously did everything he could to avoid harm.”

Penny used what the defense described as a “non-fatal choke hold” that he had been trained to do by hand.

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“His purpose in using the hold was to restrain him until police arrived – something that took longer than anyone on the train expected,” the lawyer said.

Penny stayed on site until police arrived. Neely was still breathing when he let go.

After the opening statements, the first witness took the stand, an NYPD officer who responded to the scene. Neely’s family members, who sat in the back of the courtroom, became emotional during the questioning.

Neely did not have a weapon when officers arrived. They only found a muffin in his jacket pocket. Neely had a pulse but was not breathing, and officers administered the opioid antidote Narcan, but it did not revive him.

There were women and children on the train, and Penny told investigators he sensed a threat, according to testimony from pretrial hearings.

Daniel Penny arrives for opening arguments in his trial at Manhattan Supreme Court in New York City on November 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and negligent homicide in the 2023 death of Jordan Neely during a new trial. York City Subway. (Adam Gray for Fox News Digital)

When Neely encountered him, he said, he put him in a chokehold.

“I’m not trying to kill the man,” he told investigators. “I’m just trying to de-escalate the situation.”

Protesters, including Christopher Neely, Jordan Neely’s uncle, gather for justice for Jordan Neely outside the trial of Daniel Penny at Manhattan Supreme Court in New York City on Friday, November 1, 2024. (Adam Gray for Fox News Digital)

A second witness, NYPD Sgt. Carl Johnson was asked by Yoran why officers chose to use Narcan on Neely.

“Mr. Neely was lying on the floor of the subway completely unresponsive,” he said.

“He was an obvious drug user and he was very dirty,” Johnson testified. “I didn’t want my officers to put their lips to his mouth. They could get hepatitis or AIDS… chest compressions would be enough to wake him up.”

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During cross-examination, Johnson was asked why officers did not administer mouth-to-mouth resuscitation.

“There’s a certain line where you have to protect your officer. Look at 9/11. I wouldn’t want any of my officers to get sick from this,” Johnson said.

Protesters gather and call for justice for Jordan Neely outside the trial of Daniel Penny at Manhattan Supreme Court in New York City on Friday, November 1, 2024. (Adam Gray for Fox News Digital)

NYPD Officer Dennis Kang was the third witness at Friday’s trial, with his body camera footage of the incident played for the jury.

“My man! Stay with me…yo!” Kang was heard telling Neely on the body camera footage.

Kang said that when officers first responded to the scene, Neely was lying face down on the ground before they “turned him face up and tried to wake him up.”

The third witness’ body camera footage showed Penny telling Kang that Neely “threw a bunch of sh– and said I was going to jail forever.”

Daniel Penny arrives for opening arguments in his trial at Manhattan Supreme Court in New York City on November 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and negligent homicide in the 2023 death of Jordan Neely during a new trial. York City Subway. (Adam Gray for Fox News Digital)

The first day of the trial ended Friday around 4:24 p.m. after two MTA witnesses were called to talk about the transit authority’s workflow.

With a total of five witnesses during the first day of the trial, maintenance supervisor Michael Ramjattan and train dispatcher Cecil Postell were the last people called to the stand.

Penny is a 25-year Marine Corps veteran and student.

Neely was a 30-year-old homeless man and former Michael Jackson impersonator with a history of mental illness and crime, including a previous charge of assaulting a 67-year-old New York City woman in 2021.

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Penny faces up to 19 years in prison if convicted.

The trial will begin again on Monday, November 4 at 10 a.m