More than $3 million has been raised to fund a Marine veteran’s legal battle after he was accused of killing a homeless man by placing him in a chokehold on a New York City subway.
Daniel Penny appeared in court on Thursday ahead of his successful trial, defending charges of manslaughter and negligent homicide.
The 25-year-old was charged for his role in the May 2023 death of Jordan Neely, a homeless Michael Jackson impersonator with mental health issues.
Neely behaved erratically on the subway, shouting and threatening people, while passengers around him feared for their safety.
Penny, then 24, intervened and put Neely on the ground, putting him in a chokehold for six minutes. He claims he was simply trying to subdue him for the safety of others on the train.
On Thursday, ahead of his jury trial this month, Penny appeared in Manhattan Supreme Court for a pre-trial hearing.
A Marine veteran accused of killing a homeless man while putting him in a chokehold for six minutes has appeared in court
Penny put Neely in a chokehold on the subway floor while others assisted on May 1, 2023
Both sides are expected to testify at today’s hearing in an effort to determine what will be presented at trial next week.
The case shocked America and divided the public.
Some agree that Penny acted heroically in that moment, while others say it was a blatant excessive display of power against a mentally ill, homeless black man.
Supporters have rallied behind Penny and supported a fundraising campaign in his name.
When he returned to court on Thursday, new donations poured in. One donor said Penny “back in the day would have been considered a Good Samaritan.”
On Thursday, the campaign raised $3.098 million for Penny’s legal fees.
The court was shown body camera footage from the day of the incident, in which Penny told officers Neely was ranting on the train about “being ready to go to prison for life.”
“He’s like… I’m ready to die… I think maybe I just put him in a chokehold, put him to sleep. We just went to the ground. He tried to roll up. I had it pretty good. I was in the Marine Corps.”
Penny’s legal team would like these comments suppressed at trial.
The defense is expected to address Neely’s prior history of committing crimes on public transportation, along with his history of mental illness.
They say Penny acted in self-defense and tried to protect those around him in a selfless act.
But prosecutors have repeatedly rejected those claims, arguing that Penny showed excessive force and should have known his actions could be fatal given his maritime experience.
They also argue that Neely’s history and mental health struggles are not relevant to the case.
Daniel Penny is charged with manslaughter and negligent homicide in the May 2023 death of Jordan Neely, a homeless Michael Jackson impersonator with mental health issues
On Thursday, ahead of his jury trial next week, Penny appeared in Manhattan Supreme Court for a hearing
Neely had an extensive criminal record for crimes on the subway, including vicious attacks on other passengers.
In 2021, he attacked an elderly woman as she left the Bowery station in the East Village. She suffered a broken nose, a fractured eye socket and “bruising, swelling and significant pain at the back of her head.”
He admitted to a crime on Feb. 9 in exchange for a 15-month alternative to incarceration program, according to the Manhattan District Attorney’s Office.
He had to stay in a treatment center and stay sober.
Between January 2020 and August 2021, he was arrested for public indecency after pulling down his pants and exposing himself to a woman, assault for punching a woman in the face, and criminal contempt for violating a restraining order.
All three cases were dismissed as part of a deal.
In June 2019, Neely attacked 68-year-old Filemon Castillo Baltazar on the platform of the W. 4th St. Station in Greenwich Village, court records show.
A month earlier, Neely punched a man in the face and broke his nose on the platform at Broadway-Lafayette — the same subway station where he died.
Neely was a Michael Jackson impersonator who was well known and recognized in Times Square (pictured in 2009)
Assistant District Attorney Joshua Steinglass said the F train they were traveling on arrived at the Broadway-Lafayette station and the door opened less than 30 seconds after the chokehold began.
“Passengers who were scared because they were stuck on the train were now able to get off the train,” Steinglass said.
“The defendant continued to hold Mr. Neely’s neck.”
Steinglass said second-degree manslaughter only requires prosecutors to prove that Penny acted recklessly, and not intentionally.