Who is Daniel Penny, the Marine veteran on trial for manslaughter on the New York City subway?

Daniel Penny, a 24-year Marine veteran, is on trial on charges of second-degree manslaughter and criminally negligent homicide resulting in death. Jordan Neely30 year old homeless metro artist. The incident occurred on May 1, 2023, on the F train in midtown Manhattan, New York. Penny during an altercation, he placed Neely in a lethal chokehold.
The case divided New Yorkers, sparking debate about vigilante justice and safety in the metro. Prosecutors argue that Neely, although acting erratically, was not violent, while Penney’s defense argues that his actions were justified by Neely’s threatening behavior.

Penny’s report on events

In an interview with detectives shortly after the incident, Penny described Neely’s repeated threats, saying: “The three main threats he made over and over again were: ‘I’m going to kill you,’ ‘I’m ready to go to jail.’ for life” and “I’m ready to die.”

Penny denied allegations that he intended to cause Neely’s death or that the detention lasted 15 minutes, saying: “The entire conversation lasted less than five minutes. Some people say that I tried to strangle him, but that is also not true. “The video shows his chest clearly rising and falling, indicating he is breathing.” He also demonstrated the technique he used, claiming that it was intended for containment rather than killing.

Neely’s last moments

Prosecutors allege Penny failed to check Neely’s breathing or pulse after his body went limp, despite his first aid training. Police arrived seven minutes after the initial 911 call and found Neely unresponsive but with a weak pulse. Despite chest compressions and administration of an overdose-reversing drug, Neely was pronounced dead.

Witness testimony

Yvette Rosario, a high school student, said she was scared during Neely’s outburst, describing it as unlike anything she had seen before, according to a Fox News report. Rosario recorded video of Penny holding Neely in a chokehold for nearly six minutes, even after Neely became unresponsive.
Commuter Eric Gonzalez testified that he tried to de-escalate the situation by holding Neely’s hands so Penny could free him, the Fox News report said. Another witness, Larry Goodson, recalls warning Penny, “If you don’t let him go, you’re going to lose him.”

Penny’s defense

Penny retained as his lawyer Thomas Kenniff, the former Republican candidate for district attorney. On May 5, 2023, Penney’s legal team released a statement expressing condolences to Neely’s family. The statement said: “Daniel never intended to harm Mr Neely and could not have foreseen his untimely death. When Mr. Neely began to aggressively threaten Daniel Penny and other passengers, Daniel, with the assistance of others, acted to protect himself until help arrived.”

The defense claims Neely aggressively approached the woman with the stroller and shouted that he would “kill her,” prompting Penny to intervene. But prosecutors and some witnesses say Neely did not physically threaten anyone on the train.

Vigilance or self-defense?

Penny’s lawyers emphasized his military background and noted that during the incident he asked fellow travelers to call the police. They claim he acted to protect others from a perceived threat. Prosecutors, however, argue that Penny’s use of force was excessive and directly caused Neely’s death, noting his failure to take life-saving measures.
If convicted, Daniel Penney faces up to 15 years in prison for manslaughter and up to four years for manslaughter.