Thursday, October 2, 2025

Penny back in court

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What to Know

  • Daniel Penny, 24, has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, a former Michael Jackson impersonator, who was choked to death on a New York City subway in May 2023.
  • The trial is slated to begin later in October, with the hearing focusing on evidence that could be presented at trial.
  • Penny’s defense wants part of the evidence suppressed, including a police interrogation video and witness testimony, but it will be up to the judge to decide.

The Hearing

Daniel Penny, dressed in a gray suit, was back in court on Thursday for a pretrial hearing in connection to the charges he faces in the death of Jordan Neely. Different angles of body camera footage were shown during the hearing, as well as Penny’s interview in the police stationhouse the day that Neely died.

In the interview, Penny claimed that he was trying to deescalate the situation and was not trying to kill Neely. When asked what made him get involved, Penny responded, “He was threatening people… there were women and children on the train.” The defense wants part of the exchange suppressed, but it will be up to the judge to decide.

The Incident

Witness video from the day of the incident shows Penny, a Long Island native and Marine veteran, restraining Neely. Prosecutors have said the chokehold, which Penny held for several minutes, killed Neely. Body camera footage showed Neely laying on the ground, with officers attempting to revive him. Witnesses also testified that they were concerned about Neely’s erratic behavior and that Penny had stepped in to try and calm the situation.

The Trial

The trial for Penny is slated to begin later in October, with Penny facing charges of second-degree manslaughter and criminally negligent homicide. The maximum penalty for a manslaughter conviction would be up to 15 years in prison, while a conviction for criminally negligent homicide would carry a maximum penalty of four years in prison.

Conclusion

The hearing on Thursday focused on the evidence that could be presented at trial, with Penny’s defense seeking to suppress certain pieces of evidence. The case has sparked a fierce debate, with some praising Penny as a good Samaritan and others accusing him of racist vigilantism. The trial is set to begin later in October, with the outcome hanging in the balance.

Frequently Asked Questions

Q: What are the charges against Daniel Penny?

A: Daniel Penny is charged with second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely.

Q: What happened during the incident?

A: According to witness video and police testimony, Penny restrained Neely, a homeless man and former Michael Jackson impersonator, in a chokehold, which led to Neely’s death.

Q: What does the defense say happened?

A: The defense claims that Penny was trying to deescalate the situation and was not trying to kill Neely. They also claim that the police officers should have read Penny his rights sooner.

Q: What is the maximum penalty for a conviction?

A: The maximum penalty for a manslaughter conviction would be up to 15 years in prison, while a conviction for criminally negligent homicide would carry a maximum penalty of four years in prison.

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