Who is Daniel Penny? Marine veteran standing trial for chokehold death of homeless man on NYC subway

Former Marine Daniel Penny faces 15 years in prison for the suffocation death of a black homeless man who was behaving erratically on the New York City subway.

The Long Island native was 24 years old when he had the fatal encounter with troubled former Michael Jackson impersonator Jordan Neely on an F train in Manhattan in May 2023.

His trial on second-degree manslaughter and criminally negligent homicide charges began Friday in Manhattan.

Penny and several witnesses said 30-year-old Nelly made deadly threats before taking action, but prosecutors argue Penny deserves punishment for using what they consider unnecessary deadly force against a black man.

The veteran’s fateful encounter with Neely came as Penny was seemingly trying to find himself after serving four years in the Marines and dropping out of college for architecture.

Penny wrote on a job seeker site that he left university to travel through Central America after being inspired by the novel Don Quixote.

‘Don Quixote is so inspired by adventure that he leaves his ‘normal’ life behind to pursue his dreams, despite being called a fool. During the travels I rediscovered my love for interaction and contact with people,” he wrote, as reported by the New York Post.

A star lacrosse player in high school, Penny grew up in West Islip on southern Long Island with his three sisters and parents.

Those who knew him have described a good boy who was always willing to help those around him.

His cousin Justine Baldwin told the Post that Penny was known as a “handsome, fun guy who you could always count on when you needed help.”

Penny’s military service, which included two deployments, earned him several ribbons and awards, and he reached the rank of sergeant before leaving active duty in 2021.

He came from a military family, with his grandfather serving in the Navy and his uncles serving in the Merchant Navy.

Shortly after leaving the Marines, Penny decided to “drop out of school and backpack through Central America,” as he wrote on the website for those looking for work.

Penny added that he dreamed of bartending in Manhattan, and that his travels had reminded him of his love “for interacting and connecting with people.”

“Being able to serve and connect with the most interesting and eccentric the world has to offer is what I believe the purpose is,” he wrote.

After dropping out of college, Penny worked for several months at a surf shop in North Carolina, near the military base where he was last stationed, Camp Lejeune.

Sam Santaniello, who worked with Penny at the shop, told the New York Times that Penny loved “anything surfing.”

‘He’s a people person. He is a very easy-going person. There’s not much that’s stressing him out.” Santaniello added.

When Santaniello was asked about Neely’s death, he responded, “Knowing Danny and knowing his intentions, it was to help others around him.”

At one point, Penny lived in his van, former neighbors told the Post.

The neighbors added that Penny also lived with his father in West Babylon for some time, but the two appeared to have a strained relationship.

Prosecutors said during opening statements Friday that while Penny did not intend to kill Neely, he “went way too far” in his attempt to neutralize someone he saw as a threat and not as a person.

An anonymous jury in Manhattan will decide the manslaughter case surrounding Neely’s 2023 death, which prosecutors say was a reckless killing, but Penny claims it was self-defense.

Penny’s lawyer Steven Raiser told DailyMail.com that Penny would be devastated if convicted.

‘What is at stake for Danny is clear. He faces a lengthy prison sentence,” Raiser said.

“A conviction would be devastating for him, both from serving a prison sentence, and perhaps even more so because he would be labeled a convicted felon, responsible for the death of someone while risking his own life to help others.

Raiser added that the outcome of the trial will impact more than just Penny.

“A conviction would negatively impact the sense of security of all New Yorkers,” he said.

“A conviction would mean that every New Yorker would be less likely to intervene in a dangerous situation for fear of being jailed. It will encourage criminals with violent tendencies to be more aggressive and less afraid of citizens standing up for each other.

The case has shaken fault lines around race, homelessness, perceptions of public safety and bystander responsibility.

Penny’s critics see him as a white vigilante killer of a black man who behaved erratically and made horrible statements, but was not armed and had not attacked or even touched anyone on the subway.

Supporters credit Penny, 25, with taking action to protect frightened subway passengers — action he said was intended to defuse, not kill.

Neely’s life was blighted by mental illness and drug abuse after his mother was murdered and stuffed into a suitcase when he was a teenager, his family says. At 30, he sometimes entertained subway passengers as a Michael Jackson impersonator, but he also had a criminal record, including assaulting a woman at a subway station.