Daniel Penny to appear in court for pre-trial hearing

NEW YORK CITY – Daniel Penny, the U.S. Navy veteran accused of choking to death homeless man Jordan Neely aboard a New York City subway last year, is expected in court today for a pretrial hearing .

Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 2023 death of Neely, a former Michael Jackson impersonator. Jury selection is scheduled to begin October 21.

Penny’s lawyers maintained the argument that Penny acted in self-defense after Neely began harassing passengers.

Although witnesses described the veteran as a “hero,” he was charged with manslaughter.

Timeline of events: what happened?

The case stems from an altercation on May 1, 2023, on the F subway train in Manhattan, where witnesses say Neely was yelling and begging for money.

According to prosecutors, Penny pinned Neely to the ground with the help of two other passengers and held him in a chokehold for several minutes. Video of the incident showed Penny trying to subdue Neely by placing him in a chokehold.

Neely struggled for several minutes, after which he was transported to Lenox Hill Hospital and pronounced dead.

Penny’s lawyers argued in court filings that Neely’s erratic behavior was “incredibly threatening,” and the Navy veteran stepped in to defend himself and other passengers.

Eleven days after the fatal incident, Penny went to the Manhattan District Attorney’s office. Family members say Neely was homeless and suffered from mental health issues.

The dramatic scene sparked fierce debate and division between those who thought Penny had acted heroically and others who thought he showed excessive force.