Daniel Penny’s trial: What you need to know before opening statements

NEW YORK – Opening statements are expected today in the criminal trial of Daniel Penney, a U.S. Marine Corps veteran accused of putting homeless Jordan Neely in a fatal chokehold on a New York City subway train last year.

GO TO ABOUT DANIEL PENNY | ABOUT JORDAN NEELY

Penny, 25, is accused of “recklessly causing the death” of Neely, a 30-year-old former street performer who witnesses said was acting erratically on a train on May 1, 2023, when Penny tried to restrain him. .

Penney, who served four years in the Marines before being discharged in 2021, was released on $100,000 bail.

The trial is expected to last four to six weeks. Jurors, who have been asked about their own experiences on the subway, will hear opening statements and possibly testimony from some witnesses today. It is unclear who the prosecution’s first witness will be.

He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of negligent homicide.

The case stems from an altercation that occurred on May 1, 2023, on an F subway train in Manhattan, when witnesses say Neely was yelling and demanding money when Penny, who said he was walking from college class to the gym, approached him.

Penny pinned Neely to the ground with the help of two other passengers and a chokehold for more than three minutes, prosecutors said. Video of the incident shows Penny trying to subdue Neely by putting him in a chokehold.

Neely struggled against the chokehold for several minutes before being taken to Lenox Hill Hospital and pronounced dead. The medical examiner ruled the death a homicide caused by neck compression. Penney’s lawyers said they plan to question that conclusion.

Eleven days after the fatal incident, Penny turned himself in to the Manhattan District Attorney’s Office. Family members say Neely was homeless and struggled with drug addiction and mental health issues.

Penney’s lawyers argue that the Long Island native did not intend to kill Neely, but merely held him down long enough for police to arrive. Penny claimed that Neely shouted “I’ll kill you” and that he was “ready to die” or go to prison for life.

Penny’s attorney, Steven Riser, said the defense plans to propose other potential causes of Neely’s death, including high levels of a synthetic cannabinoid known as K2 found in his system.

“The jury will also know that he (Neely) is high on K2, which is a very, very dangerous drug that has historically caused people to act aggressively, erratically, suicidally, you name it,” Penny’s lawyer Thomas Kenniff. This was stated in a speech at Good afternoon, New York.

Meanwhile, prosecutors argued in their court filings that Penny’s actions were reckless and negligent, even if he did not intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.

“The government has failed Mr. Neely,” Riser said. GDNY. “Because he had mental health issues in the subway, high levels of K2, because he was trying to self-medicate after a long, long history of violent felonies,” Riser said.

The dramatic scene sparked bitter controversy and a rift between those who believed Penny had acted heroically and those who believed he had displayed excessive force. Riser said the verdict “will have a chilling effect on the right and responsibility of every New Yorker to stand up for each other.”

In the past, Neely made money as a Michael Jackson impersonator, but was homeless at times.

Street performers who knew Neely described him as a kind and gifted impressionist who became depressed after the death of his mother in 2007. According to media reports at the time, Christy Neely was strangled. Neely, who was 14 at the time of his death, testified against his mother’s boyfriend at his murder trial.

Neely did have a criminal record, with 44 arrests on his record, many of them subway-related, including disorderly conduct, conduct, assault and fare evasion.

The Associated Press News Service contributed to this report.