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Jury selection begins in New York subway death case

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Jury selection begins in New York subway death case

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NEW YORK — The manslaughter trial in the death of Jordan Neely begins in Manhattan Supreme Court on Monday with jury selection, more than a year after Navy veteran Daniel Penny crossed paths with the New York street artist. York in a crowded subway car.

Penny, 26, faces charges of manslaughter and criminally negligent homicide and pleaded not guilty after video of the interaction between the two appeared to show Penny placing Neely in a chokehold after the 30-year-old screamed that he was hungry. , thirsty and ready to kill someone.

Lawyers and authorities spent months analyzing bystander videos of the May 1, 2023, incident in which Penny, who was honorably discharged from the Navy in 2021, wrapped his arms around Neely’s neck, pinning him down while they were both in floor. the train.

Who was Jordan Neely? A ‘young man in real crisis’, say defenders

Penny’s lawyers will argue that he did not intend to harm Neely, who defenders said had been homeless on and off throughout her life, and that several witnesses feared for her safety that day on the subway, defense attorney Steve Raiser told USA TODAY.

“The people on that train with Danny were afraid for their lives. Almost everyone who testified that they were within reach of Mr. Neely was afraid of him,” Raiser said. “We have to remember that Mr. Neely was making threats that he was going to kill people.”

Opening statements are expected during the second week of November, according to Raiser. It could take six weeks to reach a verdict, the court announced this month.

What to expect from the Daniel Penny trial

During the trial, attorneys will present evidence ranging from bystander videos to statements Penny made to police after the incident — statements that the defense previously fought to have excluded from the trial.

In a statement given to police immediately after the incident, Penny said that Neely “came on the train threatening people. I kicked him out,” court documents show.

Prosecutors are expected to argue that second-degree manslaughter is the appropriate charge for Penny because he acted “recklessly” when he caused Neely’s death.

According to court documents filed by prosecutors, the law defines “reckless” behavior as ignoring “substantial and unjustifiable risk.”

The prosecution also argues in court documents that manslaughter is the correct charge because the medical examiner determined Neely’s cause of death was “neck compression.”

A Marine with a black belt in karate is scheduled to testify as an expert, Raiser said, and is expected to explain to the jury that the restraint Penny applied to Neely was not fatal and technically was not a strangulation.

The man trained Penny in the Marines years ago, alongside many other Marines, and the two did not have a personal relationship, Raiser said.

The defense’s argument will revolve around the idea that many subway passengers, including a mother and her young son, were afraid of Neely, who was screaming and saying he was going to kill someone seconds before Penny grabbed him from behind and knocked him onto the ground. floor.

“When someone like Mr. Neely screams and talks with such conviction that he is going to kill someone, you tend to believe that he has the wherewithal to do it,” Raiser said.

The Manhattan District Attorney’s Office told USA TODAY it could not comment further on the case beyond what prosecutors have presented in court filings.

Prosecutors argued in court documents that accounts from subway riders varied widely, including some who said Neely’s outbursts were not uncommon on New York public transportation.

Videos support Penny’s actions, says defense

A video circulating online shows part of the incident and begins with Penny holding Neely in a chokehold on the ground after several minutes of holding him off camera. The two remain in a locked position for about seven more minutes, when Penny releases Neely, who remains on the floor.

“We believe the video we have now is helpful to Danny,” Raiser said, explaining that Neely is obviously conscious. If Penny had applied a stronger chokehold, Neely would have been unconscious within seconds, Raiser said.

Police who responded to the scene told investigators that Neely was not breathing and was later pronounced dead at a local hospital. Penny was taken to a police station, questioned and released that day. Penny surrendered more than a week after the incident. In June 2023, Penny was indicted by a grand jury for second-degree manslaughter.

In the days that followed, lawyers in New York City defending Neely’s family lamented the New York Police Department’s decision to release Penny after initial questioning and not to keep him in custody after Neely’s death.

“He should have been arrested on the spot,” Lennon Edwards, a lawyer for Neely’s relatives, said at the time.

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