Daniel Penny’s subway trial: Jurors hear opening statements in Jordan Neely’s death

NEW YORK (WABC) — Prosecutors and defense attorneys agree on one thing about Marine veteran Daniel Penny’s encounter last year with a frustrated, angry and threatening man on a New York City subway: Penny did not intend to kill him.

But on Friday, a prosecutor told jurors Penny “went too far” in trying to neutralize someone he considered a threat rather than a human being, while a lawyer said Penny showed “courage” and put the well-being of others before his own , when he put Jordan Neely in a chokehold that ended with Neely limping to the floor.

Both sides made opening statements Friday in the manslaughter case in Neely’s death.

The case has stirred controversy over issues of race, homelessness, ideas about public safety and bystander responsibility. Jurors could hear testimony from some witnesses Friday after opening statements.

Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death.

Twelve Manhattan residents were selected to serve on the jury, consisting of seven women and five men.

The judge estimates the trial could last four to six weeks.

The prosecution made its opening statement

On May 1, 2023, Daniel Penny was indifferent to Jordan Neely, disregarded basic safety precautions and human decency and needlessly killed him on a subway car by placing him in a chokehold that lasted “too long,” a prosecutor said Friday in opening statements. at Penny’s trial for manslaughter and negligent homicide.

“Jordan Neely took his last breath on the dirty floor of an F train downtown,” prosecutor Daphne Yoran told an ecstatic jury. Penny, she said, believed that “Mr. Neely did not deserve even the slightest drop of humanity.” At the time of his death, Neely was 30 years old, homeless and suffering from mental illness.

“Every day in our city we pass by people like Jordan Neely. As New Yorkers, we train ourselves not to make contact, not to make eye contact, to pretend that people like Jordan Neely aren’t here,” Yoran said. “On May 1, Neely demanded to be seen.”

According to Yoran, Neely entered a moderately crowded subway car at the 2nd Av stop and began threatening to harm people, frightening many passengers. “His voice was loud and his words were threatening.”

She pointed to Daniel Penny as she told the jury: “This man took it upon himself to destroy Jordan Neely. To neutralize it.”

After 30 seconds, the train arrived at the next station, Broadway-Lafayette, and all passengers left the car except for two men who helped Penny restrain Neely.

“There was no one else on the train who could be defended by the accused,” Göran said. “He continued to choke Jordan Neely even after Mr. Neely lost consciousness.”

Penny has pleaded not guilty. His lawyers said Neely made “insane threats,” but Yoran said Penny’s actions were unnecessarily reckless because he continued the chokehold for 5 minutes and 53 seconds after the subway car was cleared of passengers. “The grip that never changes,” Goran called it.

“The accused did not intend to kill him. His initial intention was even laudable,” Yoran said. “But by law, the use of deadly physical force, such as a chokehold, is only permitted when absolutely necessary and only for as long as it is absolutely necessary, and here the defendant went too far.”

The prosecutor told the jury they would watch video of the chokehold. “You’ll see Mr. Neely’s life sucked out right before your eyes,” Yoran said, apparently upsetting one juror, who winced and briefly closed his eyes.

The defense made its opening statement

Daniel Penny stood up to “defend his neighbor” after Jordan Neeley’s threats echoed through a closed subway car and he spoke with “insane rage,” defense lawyer Thomas Kenniff said in opening statements Friday.

“This is a case of a young man who did for others what we would want someone to do for us,” Kenniff said. “It doesn’t make him a hero, but it doesn’t make him a killer either.”

Penny was on the F train heading to 23rd Street to go swimming at the gym when “seething psychotic Jordan Neely bursts in and announces his presence,” the lawyer said, “Neely throws his jacket over his head and throws it to the ground.” with such power that even those who do not see it hear it.”

The defense said the situation on the train escalated from “anxiety to fear” as they sought to portray Neely as much scarier than the prosecutor described in her opening statement.

“Neely targeted the bench of female passengers,” Kenniff said. “Danny sees a mother barricading her son behind a stroller for fear of Mr. Neely.”

Penny heard Neely say, “I will kill,” and the defense said he had no ability to de-escalate or stop Neely from doing the harm he threatened.

“What Danny does is jump into action,” Kenniff said. Borrowing “a little” martial arts training he received in the Marines, Penny put Neely in a chokehold, not intending to kill him, but held him until police arrived, the defense said.

“His behavior was consistent with a man who values ​​human life, and that is why he tried so vehemently to protect it,” the lawyer said.

Kenniff insisted his client “did not want to use any more force than necessary” but Neely “aggressively resisted” while in Penny’s hands. He said Penny thought Neely, who was unarmed, might have had a weapon while he waited for police.

“The facts will show that this struggle did last between 5 and 6 minutes,” but Kenniff said Penny “did not push.” Instead, the defense suggested that Neely’s death could have been caused by cardiac arrest, a genetic disorder or some other cause unrelated to asphyxiation. The defense said Penny could not foresee or foresee the risk of Neely’s death.

Protesters rally outside the courthouse

The sounds of sidewalk protests over Jordan Neely’s death could be heard in the 13th floor courtroom. Protesters were heard calling Penny the “subway strangler.”

The judge said he would ask jurors to ignore “noise outside the courthouse.”

Penny, wearing a dark blue suit, walked confidently into the courtroom and took his seat at the defense table.

Members of the Neely family sit in the audience.

“I loved Jordan. And I want justice for Jordan Neely. I want this today. I want justice for everyone and I want justice for Jordan Neely,” his uncle Christopher Neely said outside court.

Before entering statements, Judge Maxwell Wiley granted the defense’s motion to allow some eyewitness testimony of the May 1, 2023, chokehold to police that was captured on body cameras.

One witness, Ms. Rosario, was captured on body camera 15 minutes after the incident on the F train. “I see that most of that statement sounded like agitated language,” Wiley said. He declined to release part of her statement in which an officer can be heard asking if she thought Neely was on drugs.

Mr Latimer was captured within a minute and Wylie said his statement was “quite true to the facts of the event” and could be admitted.

“This person is showing emotion and excitement when describing what happened. It’s storytelling,” Wiley said.

Most of the passengers on the train who witnessed the incident are expected to testify in court.

(The Associated Press and ABC News contributed to this report)

READ ALSO: New York State Trooper Shot in Leg on South State Parkway in West Hempstead

———-

* Get Eyewitness News

* More New York news

* Send us a news tip

* Download the abc7NY app for breaking news alerts

* Follow us on YouTube

Submit a tip or story idea to Eyewitness News

Do you have a news story or story idea we should cover? Submit it to Eyewitness News using the form below. If you attach a video or photo, the terms of use apply.