Jury selection will begin for trial of man accused of strangulation death on New York City subway

NEW YORK (AP) — Jury selection was set to begin Monday in the criminal trial of the U.S. Marine Corps veteran charged with manslaughter for putting a man in a deadly chokehold on a New York City subway train last year.

Daniel Penny, now 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former busker who witnesses say was acting erratically on the train on May 1, 2023 , as Penny moved to restrain him.

The Manhattan court case, which is expected to last six weeks, will once again shine a spotlight on a case that has sparked debate and division locally and across the country.

Protesters took to the streets to demand that authorities arrest Penny – who is white; Neely was black – while others rallied in support outside the courtroom as soon as he was charged. The case also became a cause célèbre among Republican presidential candidates.

Penny, who served four years in the Navy before being discharged in 2021, was released on $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.

Witnesses to the incident said Neely – who struggled with drug addiction, mental illness and homelessness – was shouting and demanding money when Penny approached him.

Penny pinned Neely to the floor with the help of two other passengers and strangled him for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by neck compression.

Penny’s lawyers argued that the Long Island native didn’t intend to kill Neely, just keep him down long enough for police to arrive. Penny claimed that Neely screamed, “I’m going to kill you” and that he was “ready to die” or go to prison for life.

Penny’s attorney, Steven Raiser, said the defense plans to offer other potential causes of Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in her body.

They will also argue that the video shared widely on social media proves that Penny was not consistently applying enough pressure to render Neely unconscious, much less kill him.

Prosecutors, in their court filings, argued that Penny’s actions were reckless and negligent, even though he did not intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.

Neely’s uncle, Christopher Neely, said he and other family members had been anticipating this moment.

“Justice for Jordan is all we think about,” he told the Associated Press last week.

___

Follow Filipe Marcelo on twitter.com/philmarcelo.