Thursday, October 2, 2025

Daniel Penny set to stand trial this week for chokehold death of Subway performer Jordan Neely

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Daniel Penny to Go on Trial for the Death of Homeless Black Subway Performer Jordan Neely

Daniel Penny, a former Marine accused of choking homeless Black subway performer Jordan Neely to death, will go on trial this week. Penny is charged with manslaughter and criminally negligent homicide, and the trial is expected to spark intense debate on racial profiling, vigilante justice, and the city’s treatment of the homeless and mentally ill.

The Incident

On May 1, 2023, Penny was caught on video restraining Neely on a Manhattan F train, holding him by the neck for several minutes until and even after he stopped moving. Witnesses reported that Neely was screaming and acting erratically towards other passengers on the train, but there is no indication he had physically threatened anyone prior to Penny’s intervention.

Pre-Trial Developments

Penny was initially questioned by police and released without charges. His lawyers lost motions earlier this month to have his statements to the NYPD and police bodycam footage excluded from the trial. Penny’s legal defense fund has raised millions of dollars from conservatives around the country, while the Neely family struggles to pay for funeral expenses.

Case to Go to Trial

Jury selection is set to begin on Monday, with Penny’s fate in the hands of 12 jurors. Penny’s lawyers argue that he acted in self-defense and did not intend to kill Neely, while prosecutors only need to prove that Penny’s actions were reckless and caused Neely’s death.

Additional Context and Similarities to Other Cases

The incident has drawn parallels to other high-profile cases, including the 1984 Bernie Goetz shooting and the 2020 Kyle Rittenhouse trial. Civil rights leaders, such as Rev. Al Sharpton, have questioned whether the response to the crime would be different if the races of Penny and Neely were reversed.

Conclusion

The trial of Daniel Penny is a highly charged and emotional case that has the potential to divide communities across the city and beyond. As the court proceedings begin, it is essential to keep in mind the importance of remaining impartial and considering all the facts of the case.

FAQs

Q: What are the charges against Daniel Penny?
A: Penny is charged with manslaughter and criminally negligent homicide.

Q: What is the potential sentence if he is convicted?
A: Penny faces up to 19 years in prison if convicted on both counts.

Q: What is the status of the case?
A: Jury selection is set to begin on Monday, with the defense arguing Penny acted in self-defense and the prosecution seeking to prove his reckless actions led to Neely’s death.

Q: Who has been supporting Daniel Penny’s legal defense?
A: His legal defense fund has raised millions of dollars from conservatives around the country, with many labeling him a hero for taking action against a perceived threat.

Q: How can I stay updated on the case?
A: Follow news outlets for trial updates and continuing coverage.

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