Prosecutors and defense attorneys agree that Marine veteran Daniel Penny didn’t intend to kill a distressed, angry man on a New York subway last year – but a prosecutor argued in court on Friday that Penny “went way too far” in trying to neutralize someone he perceived as a threat.
In contrast, a defense attorney claimed that Penny demonstrated “courage” by prioritizing others’ safety over his own when he put Jordan Neely in a chokehold, which resulted in Neely collapsing and eventually dying.
The manslaughter trial has sparked debates about race, homelessness, public safety perceptions, and bystanders’ responsibilities. Critics view Penny as a white vigilante who killed an unarmed Black man behaving erratically but not physically harming anyone. Supporters commend the 25-year-old for taking action to protect scared passengers, actions he claims were meant to defuse, not kill.
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Prosecutor Dafna Yoran clarified to the anonymous jury that the trial isn’t about society’s failure to address mental illness and homelessness or police response. It’s also not about whether Penny had the right to intervene or his decision to use a chokehold.
Instead, she emphasized, “He used far too much force for far too long. He went way too far.” She claimed he showed “indifference” toward Neely and “didnt recognize his humanity.”
However, defense lawyer Thomas Kenniff disagreed. He told jurors that Penny only used as much force as necessary to control a “seething, psychotic” man who had threatened a woman with a small child, saying, “I will kill.”
Kenniff said, “In that moment, Danny could look away and pray, or he could summon the courage to put the safety of his neighbors above that of himself, to protect those who could not protect themselves,” and he chose the latter. “It doesnt make him a hero. But it doesnt make him a killer.”
Jurors, previously questioned about their subway experiences, later viewed police body camera footage of officers performing lifesaving techniques on Neely after Penny calmly explained he had “put him out,” describing Neely as a “crackhead” who was “going crazy.”
The case has been drawn into the United States contentious politics, with Republican officials supporting Penny and Democratic ones attending Neelys funeral. Both Penny supporters and critics have held demonstrations; Penny arrived at the courthouse Friday to critical chants from a small group of protesters.
Once in court, Penny sat upright in his seat at the defense table, mostly looking straight ahead. A member of Neely’s family who was in the audience occasionally sniffled with tears. “We know who the victim is in this case, and we know who the villain is,” family lawyer Donte Mills said outside court.
Neely’s life was marked by mental illness and drug use after his mother was brutally murdered when he was a teenager, according to his family. By the age of 30, he sometimes performed as a Michael Jackson impersonator for subway riders, but also had a criminal record that included assaulting a woman at a subway station.
Penny, an architecture student and former Marine, was transitioning from class to the gym when he encountered Neely on a subway on May 1, 2023. Witnesses reported that Neely was begging for money, shouting about being willing to die or go to jail, and making sudden movements.
Yoran stated that Neely talked about hurting people. Penny responded by putting his arm around Neely’s neck, taking him to the floor, and holding him there with his legs.
Bystanders recorded some of the encounter on video, during which Penny held Neely for about six minutes, according to Yoran. The hold continued even as the train stopped at a station, all but two fellow riders got off, those two helped restrain Neely, and another warned Penny to let Neely go or he’d die, according to Yoran’s statement and court papers.
Kenniff said Penny pleaded with fellow passengers to call police and that he kept holding Neely because the man periodically flailed or tried to get up. Prosecutors said Penny ultimately released Neely nearly a minute after his body went limp.
He waited for police, but Yoran noted that despite being trained in first aid, Penny didnt check Neelys breathing or pulse or try to revive him.
Police responded to a flurry of 911 calls about harassment and a man carrying a gun, arriving on scene within seven minutes. What ensued was a tense encounter: officers engaged with Penny and searched Neely, finding nothing more threatening than a muffin in his pockets.
Detectives noted Neely had a pulse, albeit weak, but was not breathing. They initiated chest compressions and administered an anti-overdose medication but refrained from performing mouth-to-mouth resuscitation.
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When pressed for reasons, Sgt. Carl Johnson cited the possible risks associated with Neelys apparent lack of hygiene, including disease or an unexpected bout of vomiting, during his testimony on Friday.
“The motto is serve and protect, right?” inquired Kenniff, probing if Johnson would have considered rescue breaths had they been equipped with protective gear. Johnson’s justification for declining mouth-to-mouth remained staunch: “No,” he affirmed, emphasizing officer safety: “Theres a certain line where you have to protect your officers.”
Neely’s wavering heartbeat eventually ceased.
Penny, who was involved in the critical clash, conveyed to authorities his intent to “de-escalate” a volatile predicament, insisting that his actions were aimed at preventing Neely from causing harm. Neely’s cause of death, as determined by city coroners, was neck compressiona conclusion Pennys attorneys contest.
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