The trial of Daniel Penny will soon get underway. He is facing manslaughter and criminally negligent homicide charges for choking Jordan Neely on the F train last year but he has pleaded not guilty to the charges.
Penny has admitted to wrapping his arms around Neely’s neck, but says he was trying to protect fellow subway riders because Neely was violent and scaring people.
The ex-marine told police that Jordan Neely, a Michael Jackson impersonator who was “busking” on the subway, became aggressive and was “going crazy” and that he put Neely “in a choke” because Neely “was threatening everybody,” according to court records.
“I had him pretty good,” Penny told an officer at the Broadway-Lafayette Street station, records show. “I was in the Marine Corps.”
Freelance journalist Juan Alberto Vázquez, who witnessed the incident, said that Neely removed his jacket and threw it violently to the floor, resulting in other passengers moving away from him. Penny then approached Neely from behind and put him in a chokehold. Vásquez told The New York Times that Neely began screaming, “I don’t have food, I don’t have a drink, I’m fed up. I don’t mind going to jail and getting life in prison. I’m ready to die.” Another witness heard Neely say, “someone is going to die today.” Vasquez said that Neely was frightening but “had not assaulted anyone”. Other witnesses said that Neely made “half-lunge movements” at other passengers and was within “half a foot of people” and recalled fearing for their lives.
The case of Daniel Penny has garnered significant media attention due to the circumstances surrounding the trial, which sparked a debate on the use of force and the responsibilities of individuals when intervening in public altercations. The defense argues that Penny acted in self-defense and was attempting to deescalate a threatening situation, while the prosecution contends that the force used was excessive and resulted in Neely’s death.
Witnesses maintain that Penny held the choke long after Neely had gone limp, and that they had warned him, “you’re going to kill him now.” A video of Penny holding Neely on the floor of the subway went viral at a time when crime and mentally ill people in the subway were top priority issues for the public. However, subsequently, sympathy shifted to Neely as race was injected into the situation; Neely became the face of the many vulnerable people who suffered from mental illness and homelessness, while Penny was white.
As the trial approaches, new evidence has been presented, and the judge has ruled that all evidence, including videos and Penny’s interview with the police, will be admissible. This decision is crucial as it could influence the jury’s perspective on Penny’s actions and intentions at the time of the incident.
The outcome of this trial will likely have broader implications for how self-defense is interpreted and the legal consequences of intervening in public disputes. It also raises important questions about mental health and the support systems in place for individuals struggling with such issues.
The trial is set to begin on October 8, with jury selection starting on October 21. If convicted, Penny faces up to 20 years in prison. The case continues to be closely watched by the public and legal experts alike, as it touches on sensitive and complex issues that resonate with many.
