Retired Marine Charged in Deadly Chokehold Suffers Legal Setback
What to Know
- The jury will be able to hear some of the things Daniel Penny told police in the immediate aftermath of the incident.
- Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Neely.
- The trial is slated to begin later in October.
The retired Marine charged in a deadly chokehold on the subway suffered a legal setback Friday, as the jury will be able to hear some of the things he told police in the immediate aftermath of the incident.
A Manhattan judge denied the request from Daniel Penny and his attorneys to block jurors from hearing some evidence in the case, including video of Penny’s interview in the police stationhouse the day that Jordan Neely died in May 2023, as well as different angles of body camera footage from police.
Judge Allows Evidence
The defense did not want the jury to be able to see videos, but the judge ruled that he will allowed it.
“I’m not trying to kill the guy, I’m trying to deescalate the situation,” the 24-year-old Penny could be heard saying during the interrogation by police.
When asked what made him get involved, Penny responded, “He was threatening people… there were women and children on the train.”
Witness Video and Body Camera Footage
In one of the videos, Penny was seen telling an officer “I just put him out.”
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, a 30-year-old homeless man and former Michael Jackson impersonator.
Body camera footage showed Neely laying on the ground. Officers could be seen saying he had a faint pulse, and then shown giving him CPR about four minutes after they arrived. Witnesses were also seen talking to police.
The Incident and Its Aftermath
The case went on to capture headlines nationwide. Penny was charged with second-degree manslaughter and criminally negligent homicide. The trial for Penny is slated to begin later in October.
Also shown was the moment inside the police station when Penny described what he said happened, saying the door on the northbound F train closed, Neely threw his jacket and then yelled, “I’m going to kill everyone and I don’t care if I go to jail forever.”
During his interrogation, Penny stood up to show the officers how he held his arm against Neely, then used his leg to drop him to the ground.
“I was not trying to injure him, I was trying to keep him from hurting anyone else. That’s what we learn in the Marine Corps,” he later told officers.
Penny’s Background
Penny served in the Marines for four years and was discharged in 2021.
Conclusion
The trial of Daniel Penny is set to begin later in October, with the jury now able to hear some of the evidence from his police interview. The outcome of the trial will depend on the jury’s interpretation of the evidence and their decision on whether Penny’s actions were reckless or negligent.
FAQs
Q: What is Daniel Penny charged with?
A: Penny is charged with second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely.
Q: What happened during the incident?
A: Penny, a retired Marine, restrained Neely, a homeless man and former Michael Jackson impersonator, on a subway train. Neely lost consciousness during the struggle and later died.
Q: What is the maximum penalty for a conviction of second-degree manslaughter?
A: The maximum penalty for a conviction of second-degree manslaughter is up to 15 years in prison.
Q: What is the maximum penalty for a conviction of criminally negligent homicide?
A: The maximum penalty for a conviction of criminally negligent homicide is up to four years in prison.
