The trial of Daniel Penny, a former Marine accused of manslaughter and criminally negligent homicide, is approaching its concluding phase in Manhattan. Penny faces these charges after a May 2023 incident in which he applied a chokehold to Jordan Neely, a homeless man, on an uptown F train, which led to Neely's death. According to Gothamist, the case has sparked considerable public debate around issues of subway safety, homelessness, and mental illness.
As detailed by ABC7 New York, closing arguments are expected today. Prosecutors are focusing on the nearly six-minute continuation of the chokehold by Penny, even after Neely posed no apparent threat. In her opening statements, Assistant District Attorney Dafna Yoran emphasized that Penny "was aware of the risk his actions would kill Mr. Neely and did it anyway." Eyewitnesses have painted a varied picture, with some describing fear of Neely’s erratic behavior, others expressing concern that Penny's actions could be lethal.
While the prosecution has relied on the medical examiner's testimony that the chokehold caused Neely's death, Penny's defense has introduced an alternative explanation. They presented a paid forensic pathologist who suggested Neely's schizophrenia, synthetic marijuana use, a blood condition, and physical resistance may have contributed to his death. This complex narrative was bolstered by defense claims that Penny sought to protect other passengers from Neely's perceived threat.
In court, Penny's character has been at the center of the defense's argument. Loved ones described Penny’s kind nature, and videos recorded immediately after the incident were played, where Penny told police, "I'm just trying to de-escalate the situation." However, prosecutors highlighted a video in which Penny referred to Neely as a "crackhead," suggesting a failure to recognize Neely's humanity, as detailed by Gothamist. Penny did not take the stand – a common strategy in criminal trials.
