Elon Musk has defended Navy veteran Daniel Penny as he prepares for his manslaughter trial in the death of a homeless black man aboard a New York City subway.
Penny, then 24, put Michael Jackson impersonator Jordan Neely in a chokehold after witnesses said he began behaving erratically on a crowded F train on May 1, 2023.
As his trial kicked off Monday with jury selection, Musk shared a post on another woman started harassing. .
“This man on the subway repeatedly harassed a woman, was disgusting, invaded her space, etc,” the original X user wrote. “Tell me why me and the other women in the neighborhood tried to intervene and tell him off, but all the young, fit guys in the neighborhood just stood still and looked at the ground.”
Another .’
Elon Musk has defended Navy veteran Daniel Penny as he prepares for his manslaughter trial
Penny is charged with manslaughter and negligent homicide in the March 2023 death of Jordan Neely, 30.
Penny, who served in the Marines for four years before being discharged in 2021, now faces charges of manslaughter and negligent homicide, with prosecutors accusing him of “recklessly causing the death” of the 30-year-old street artist by pinning him down keep in a prison. in the grip for six minutes – even after Neely went limp.
Witnesses to the incident have said Neely – who has struggled with addiction and mental illness – was shouting and demanding money when Penny approached him.
Penny then pinned Neely to the ground with the help of two other passengers and placed him in a chokehold, video of the incident showed.
The medical examiner’s office later ruled the death a homicide caused by neck compression.
Prosecutors now allege that while some passengers aboard the crowded train were scared that day, there were other stories that undermined “the idea of unbridled and universal panic.” according to the New York Times.
‘For me it was another typical New York day. That’s what I’m used to seeing,” one witness told a grand jury, according to court records.
“I didn’t really look at it like I was going to be threatened or anything like that.”
Prosecutors also noted that none of the witnesses who testified before the jury said Neely displayed or claimed to have a weapon or that he came into physical contact with anyone before Penny began choking him. NBC News reports.
Even Penny said he didn’t see Neely lay hands on anyone or show a weapon before taking Neely to the ground.
But the former Marine claims Neely shouted, “I’m going to kill you” and that he was “ready to die” or go to prison for life.
He was caught on video restraining Neely and placing him in a chokehold after witnesses said he began acting erratically on a crowded F train
Neely (photo) struggled with addiction and suffered from untreated schizophrenia
Penny’s lawyers claim the Long Island resident did not intend to kill Neely, just to hold him long enough for police to arrive.
One of the attorneys, Steven Raiser, said the defense plans to present other possible causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.
Police even revealed under oath last month that first responders administered Narcan upon arrival, rather than immediately performing CPR.
Defense attorneys will also argue that video shared widely on social media proves that Penny did not consistently apply enough pressure to render Neely unconscious, let alone kill him.
“It is often cited that the video supports the chokehold because it lasts too long,” Raiser told NBC New York.
“But in reality, the video proves that he applied no pressure and detained Mr. Neely.”
The defense plans to rely on eyewitness accounts to portray Penny as a “protector” amid high crime rates on the New York City subway system, with regular reports of people being pushed onto tracks or attacked on platforms .
“There’s someone saying he was afraid of this gentleman, Mr. Neely, and he had to take action,” Raiser said.
“We still have a number of witnesses who are coming forward and saying, ‘Yes, he’s right. That’s exactly how I felt.'”
Additionally, they plan to call a psychiatrist to the witness stand to discuss Neely’s battle with untreated schizophrenia.
They say Neely was on a list informally known as the Top 50, a list of homeless New Yorkers notable for the severity of their problems and their resistance to accepting help.
However, prosecutors have argued that the “sole reason” for bringing Neely’s medical records before the jury is to make them “devalue Mr. Neely’s life.”
Penny’s lawyers claim the Long Island resident did not intend to kill Neely, but to hold him long enough for police to arrive.
In court on Monday, potential jurors packed the room 86 people at a time as Supreme Court Justice Maxwell Wiley began the arduous task of determining who should participate in the proceedings.
The potential jurors were asked about their availability for the six-week trial and whether they had heard of the case – which sent shockwaves through the city and divided New Yorkers, at a time of heightened tensions and the progression of the Black Lives Matter movement .
By the end of the day, just 45 potential jurors from a group of 136 Manhattan residents were assigned to return Friday to join a larger group that will eventually undergo in-depth questioning. according to the New York Daily News.
They are expected to be asked about their own experiences of traveling on the metro.
After confirming the availability of 100 potential jurors, the judge begins the daunting task of vetting them to narrow it down to the final jury of 12 people.
Protesters showed up at Manhattan Criminal Court on Monday ahead of Penny’s trial
Meanwhile, anti-racism protesters gathered outside the downtown courthouse, chanting “Murderer!” Murderer!’, along with others who supported Penny and said he saved commuters from Neely.
Flyers were distributed describing Penny as a “white racist vigilante ex-Marine” who “murdered” Neely, a “black, unhoused performance artist” who was “begging for food.”
Organizers designed the poster to look like a subway announcement and referred to the F line, where the incident took place.
Protesters held signs reading “Rest in Power Jordan Neely” and “Abolish the Police,” while counter-protesters wrote, “New York stands with Daniel Penny.”
‘Justice for whom? Jordan Neely. When do we want it? Now,” the group of about fifty shouted.
These chants were heard in the Supreme Court building, up to the eleventh floor.
Pictured: A woman holds a funeral order for Jordan Neely before Daniel Penny arrives at Manhattan Criminal Court in New York City on October 21
A woman, Imani Henry, from Equality for Flatbush – a Black Lives Matter organization based in Brooklyn, said she believes Neely’s life has been unfairly minimized and argued that the city needs to do more for people with mental health issues and who live in poverty. .
“Jordan Neely was loved in his communities,” she claimed.
“He was a brother, he was a member of the community, he was an artist – it’s just unfair and wrong to continue to focus solely on his mental health status because we’re not simply part of our lives. We are full-fledged and complex people.’
The trial is expected to last until the week of December 9.
Penny faces up to 15 years in prison if convicted of second-degree manslaughter, and up to four years if convicted of criminally negligent homicide.