NEW YORK– Potential jurors’ own experiences riding the subway were highlighted Friday in the case against a white U.S. Marine Corps veteran accused of murder a troubled black man on a subway train.
No jurors have yet been selected for the manslaughter trial of Daniel Penny, who put Jordan Neely in a chokehold because: said medical examinerskilled him. But in a Manhattan case involving perceptions of safety on the nation’s largest subway system, the jury so far has included people with a mix of comfort levels riding the train.
Most of the 20 or so potential panelists interviewed Friday were at least occasional subway riders, and many said they had seen people having outbursts. Some said they did not feel personally threatened or harassed by the episodes, but some said they did.
One recalled a disturbing moment on the subway years ago when he and a woman sitting next to him were approached by a confused man who was angry that she was ignoring him. The prospective juror stepped off the train, he said, as another man stood up as if about to intervene.
Another potential juror said he had seen things on the subway in recent years that made him nervous. A third said he had not ridden the subway during the COVID-19 pandemic, and while he was not afraid of the subway, he had “heard of criminal violence there.”
And after a prosecutor explained that Penny is not charged with intentional murder and claims he was protecting himself and other subway passengers, a fourth potential juror had had enough.
“This all seems incredibly complicated,” he said, asking for an apology shortly afterwards. His request had not yet been decided when the court arrived that day.
Jury selection will continue Monday in the case, which has become a crucible for opinions on public safety, mental illness, the line between intervention and willfulness, and the role of race in how people perceive it all.
Some protesters have done so gathered to censure Pennyothers to defend him. Some prominent Democratic officials attended Neely’s funeralwhile they are high-profile Republican politicians portrayed Penny as a hero who confronted Neely to protect others. Penny’s legal defense fund has raised millions of dollars.
Potential members of the anonymous jury were asked whether they or their loved ones had served in the military, had martial arts or self-defense training, or had problems with drug addiction, mental illness or homelessness.
Neely was once known to some subway passengers for his Michael Jackson impersonations. But relatives say he struggled with mental health problems after his mother was murdered and found in a suitcase in 2007.
Over the years, Neely became homeless and developed a history of drug use, disruptive behavior and arrests, including a guilty plea to assaulting a stranger in 2021.
On May 1, 2023, Neely got on the subway and started yelling and acting erratically, witnesses said.
Neely’s family and supporters say he was only asking for help and not threatening anyone.
Other passengers differed on whether he posed a danger. Some told police he scared people by making sudden movements and making statements about his willingness to die or go to jail. Still, at least one witness described Neely’s behavior as “a typical day in New York,” according to a court filing.
Penny, who told officers that Neely threatened to “kill everyone,” put an arm around his neck. While two other riders helped pin Neely to the ground, the Marine veteran held him around his neck for more than three minutes until his body went limp.
Penny later told detectives in an interview that he was “just trying to de-escalate,” not to injure or kill Neely.
City medical examiners determined he died of neck compression. Penny’s lawyers have indicated they plan to argue that he did not apply pressure in a way that could have killed Neely, and that his death could have been caused by other factors, including use of the synthetic cannabinoid known as K2.
Noting Neely’s mental health issues, use of the K2 and behavior on the train, Yoran asked potential jurors if they would think his death was self-inflicted.
“You don’t really know what that person is going to do on K2,” one potential panelist responded, adding, “Not that I would think he deserved it.”
“Under the law, all life is equal,” the prosecutor reminded the group, emphasizing that anyone chosen as a juror will have to review the evidence, not Neely’s history — or Penny’s.
The 25-year-old former Marine was discharged in 2021 and has since attended college, his lawyers say.
“You can be grateful” for his services, Yoran told the prospective jurors. “Can you understand that you are not here to judge the suspect as a person?”
“Law is law,” someone responded. “And if the evidence turns out to be correct, then it is what it is.”