Closing Arguments Set for Monday in Trial of Military Veteran Charged with Recklessly Choking to Death a Homeless Man
Closing arguments are set for Monday in the trial of Daniel Penny, a 26-year-old military veteran charged with recklessly choking to death a distressed, homeless man after an outburst on a New York subway train.
The Case Against Daniel Penny
Daniel Penny has pleaded not guilty to manslaughter and criminally negligent homicide in the May 2023 death of Jordan Neely. Penny claims he acted in self-defense against threatening behavior.
Witness Testimony
During the monthlong trial, the anonymous jury heard testimony from subway passengers who witnessed the roughly six-minute chokehold, as well as police who responded to it, pathologists, a psychiatric expert, a Marine Corps instructor who taught Penny chokehold techniques, and Penny’s relatives, friends, and fellow Marines.
Jurors Watched Videos and Heard Penny’s Explanation
Jurors watched videos recorded by bystanders and by police body cameras and saw how Penny explained his actions to officers on the scene and later in a stationhouse interview room.
“I just wanted to keep him from getting to people,” he told detectives, demonstrating the chokehold and describing Neely as “a crackhead” who was “acting like a lunatic.”
The Prosecution’s Argument
Prosecutors say Penny intended to protect people but used too much force, indifferent to the human life he was holding in his arms.
Defense Arguments
The defense contends Penny held on because Neely tried to break loose at points and that the pressure on the man’s neck wasn’t consistent enough to kill him.
Background on the Case
Jordan Neely, 30, once was among the city’s corps of subway and street performers and was known for his Michael Jackson impersonations. He struggled with drug abuse and a mental illness and had a criminal record that included assault convictions.
Neely’s Behavior on the Subway
During the incident, Neely shouted about needing food and something to drink, whipped his jacket to the floor, and said he didn’t care if he died or went to jail. Witnesses differed in descriptions of his movements and whether they were threatening.
Medical Examiners’ Findings
City medical examiners ruled the chokehold killed Neely. A pathologist hired by Penny’s defense contradicted that finding.
Conclusion
The jury will deliberate after closing arguments on Monday, deciding whether Daniel Penny is guilty of recklessly choking to death Jordan Neely. The case has sparked debate about race relations, public safety, urban life, and different approaches to crime, homelessness, and mental illness.
FAQs
Q: What is Daniel Penny charged with?
A: Daniel Penny is charged with manslaughter and criminally negligent homicide in the death of Jordan Neely.
Q: What was Jordan Neely’s background?
A: Jordan Neely was a 30-year-old homeless man who struggled with drug abuse and a mental illness and had a criminal record that included assault convictions.
Q: What did witnesses say about Neely’s behavior on the subway?
A: Witnesses said Neely shouted about needing food and something to drink, whipped his jacket to the floor, and said he didn’t care if he died or went to jail.
Q: What is the prosecution’s argument?
A: The prosecution argues that Penny intended to protect people but used too much force, indifferent to the human life he was holding in his arms.
Q: What is the defense’s argument?
A: The defense contends that Penny held on because Neely tried to break loose at points and that the pressure on the man’s neck wasn’t consistent enough to kill him.
