A white former Marine accused of fatally strangling a black homeless man on a New York City subway train will go on trial this week in Manhattan.
Jury selection will begin in the case of Daniel Penny, who restrained Michael Jackson impersonator Jordan Neely after witnesses said he began behaving erratically on a train on May 1, 2023.
Penny, 25, is charged with manslaughter for “recklessly causing the death” of Neely, then 30, by placing him in a chokehold for six minutes.
The trial in Manhattan, expected to last six weeks, will once again focus attention on a case that sparked debate and division across the country after footage of the incident went viral.
Anti-racism protesters gathered outside the downtown courthouse Monday, along with others who rallied in support of Penny, saying he saved commuters from Neely.
Jury selection starts in the case of ex-marine Daniel Penny (photo Monday)
Pictured: Daniel Penny arrives at Manhattan Criminal Court in New York City on October 21
Anti-racism demonstrators gathered at the downtown courthouse on Monday
Other protesters outside the courthouse rallied in support of Penny, who they say saved commuters from Neely’s erratic behavior by stopping him in the subway car.
Flyers for the anti-racism protest accuse Penny – who is on trial for manslaughter – of ‘killing’ Neely.
The poster describes Penny as a “white racist vigilante ex-Marine” who “killed” Neely, a “black, unhoused performance artist” who “begs 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.”
Penny, who served in the Marines for four years before being discharged in 2021, has been released on a $100,000 bond.
He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.
Witnesses to the incident said Neely – who has struggled with addiction and mental illness – was shouting and demanding money when Penny approached him.
Penny, with the help of two other passengers, pinned Neely to the ground and placed him in a chokehold for more than three minutes until Neely’s body went limp.
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
Protesters showed up at Manhattan Criminal Court on Monday ahead of Penny’s trial
Penny’s trial will begin on Monday, October 21, 2024 at Manhattan Criminal Court in New York
Penny, 25, is charged with second-degree manslaughter for allegedly “recklessly causing the death” of Neely, then 30, by placing him in a chokehold for six minutes
The medical examiner’s office ruled the death a homicide caused by neck compression.
Penny’s lawyers have argued that the Long Island resident did not intend to kill Neely, but only to hold him long enough for police to arrive.
The former Marine has claimed that Neely shouted, “I’m going to kill you” and that he was “ready to die” or go to prison for life.
Penny’s attorney, 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.
They will also claim that video shared widely on social media proves that Penny did not consistently apply enough pressure to render Neely unconscious, let alone kill him.
Prosecutors have argued in their court filings that Penny’s actions were reckless and negligent, even if he did not intend to kill Neely. District Attorney Alvin Bragg’s office in Manhattan declined to comment ahead of the trial.
Neely’s uncle, Christopher Neely, said he and other family members have been looking forward to this moment.
“Justice for Jordan is the only thing on our minds,” he said last week.
The trial in Manhattan, expected to last six weeks, will once again focus attention on a case that sparked debate and division across the country after footage of the incident went viral. (Photo: Michael Jackson impersonator Jordan Neely)