Daniel Penny’s Trial in Jordan Neely’s Death Enters Fourth Week

The prosecution’s main argument at the trial of Daniel Penny, the Marine veteran who subjected homeless Michael impersonator Jordan Neely to a fatal asphyxiation on the New York subway last year, was that Mr. Penny held the chokehold for too long. As the trial enters its fourth week, an expert is expected to testify on the matter soon.

Last week, witnesses described the terrifying moment street artist Neely boarded a Northbound F-train and began yelling that he was hungry, thirsty, ready to go to jail and even ready to die. Witnesses gave conflicting statements about whether Neely threatened to kill passengers in the train car. Speaking to reporters on Friday, Mr. Penny’s defense lawyer, Thomas Kenniff, said the testimony proved his client “stood up as other people were running away” and “did something to protect” other subway passengers when he decided to arrest Neely. he will choke her and pin her to the floor of the subway car.

The racially charged case — Neely was Black and Mr. Penny was white — attracted protesters from groups such as Black Lives Matter and the National Action Network of the Rev. Al Sharpton, who spoke at Neely’s funeral. Protesters are demanding that Mr Penny be punished. Mr. Penny, on the other hand, benefited from protests on his behalf by residents of Long Island, where he was from. Supporters across the country have raised more than $3 million for Mr. Penny’s legal fees.

Mr. Penny is charged with second-degree manslaughter and negligent homicide in the death of Neely, who died on that tragic day of May 1, 2023. The charges carry a maximum prison sentence of 19 years in total. Mr. Penny’s defense team argues that he did not intend to kill Neely, but instead was trying to de-escalate what he considered a dangerous situation and prevent an unpredictable attacker from inflicting serious harm.

Deputy district attorney Dafna Yoran, who prosecuted the case on behalf of Manhattan district attorney Alvin Bragg, agreed, saying in her opening statement: “The defendant did not intend to kill. His initial intent was laudable; to protect other passengers on the subway from a man he perceived to be a threat. But under the law, lethal physical punishment, such as strangulation, was not permitted.” Force is only allowed when and for as long as it is absolutely necessary. And here the defendant went too far.”

Video footage recorded by freelance journalist Juan Alberto Vazquez and shown to the jury shows that Mr. Penny did indeed hold Neely in a chokehold for five minutes and 53 seconds. Moreover, it was seen that the subway had reached the next station, the doors were open and the passengers were getting off the subway car. The prosecution argues that there was therefore no danger of being stranded on a moving train with an aggressive man who witnesses described as “threatening” and who some said made them fear for their lives, and there was no need for Bay’s intervention. Penny continued to choke the victim.

Reverend Ronald McHenry, speaking on behalf of the victim’s family and representing Mr Sharpton National Action Network“We have to understand that chokeholds should never be used. Deadly force was used in this case and should never be used,” he told reporters Friday. “We decided it was necessary.”

Mr. McHenry was referring to the Eric Garner Anti-Strangulation Act, a New York state law that makes it a Class C misdemeanor for police officers to injure or kill someone by chokehold or similar restraint. The law was passed by the state legislature in 2020 and signed into law by Governor Andrew Cuomo. The penalty for violation is up to 15 years in prison.

Eric Garner died in Staten Island in 2014 after being stopped by police for selling illegal cigarettes. According to the NYPD, an officer named Daniel Pantaleo put Garner in a choke hold for resisting arrest. Garner said the words “I can’t breathe” 11 times before she died. They have become a signature protest for Black Lives Matter movements across the country.

Despite nationwide protests, Mr. Pantaleo was not charged in the case (though he was eventually fired years later). But unlike Mr. Pantaleo, who was acting as a police officer when he restrained Garner, Mr. Penny was a private citizen when he restrained Neely.

“So who are we talking about here?” Mr. McHenry told reporters outside Manhattan criminal court Friday afternoon. “We’re talking about Daniel Penny… He’s not an officer. He has no authority to do what he did that day. He decided to take justice into his own hands… That’s what this case is about. “He had no authority to do what he did that day and we object to the family’s outrage.” The priest made his remarks while standing next to Neely’s uncle, Christopher Neely.

Ms. Yoran discussed the issue of drowning in detail in her opening speech. “Strangulation is something all Marines train for, which the defendant trained for four years,” he said, referring to Mr. Penny’s time serving in the Marine Corps, from which he was honorably discharged.

“You will learn that the defendant earned a green belt in the Marine Corps. “The third level, the martial arts program,” he explained. “Now, chokes are taught for situations where you temporarily incapacitate your opponent but don’t want to kill him… Your opponent will faint. You will let go, and that will give you the tactical advantage to restrain him in some other way until he comes back to life in a few seconds.” It will provide; that is the purpose of drowning.

Ms Yoran argued that Mr Penny had acted carelessly in the chokehold because he should have known that force could be fatal if applied for too long. The defense countered in its opening statement that Mr. Penny had no intention of taking down Neely.

“But Danny,” Mr. Kenniff said, referring to his client, “had nothing to do with it.”
The purpose of using the hold, which rendered Mr. Neely unconscious even though he was not going to harm himself, was to restrain him until the police could arrive and intervene; “This was something that took longer than anyone on that train could have expected.”

The defense also argued that Mr. Penny tried to strangle Neely harmlessly, saying witnesses would “use terms such as safe, respectful and non-aggressive to describe Danny’s attempt to subdue Jordan Neely.”

On Friday, the defense showed body camera footage of NYPD officer Jonathan Tand during cross-examination of one of the witnesses; Meanwhile, a woman told the officer, “the guy… put him down very respectfully.” This woman was Caedryn Schrunk, who is originally from the midwest and works for sports brand Nike. Güneş had previously testified reportedShe said Neely “had a mental breakdown” when he boarded the train and “made life-threatening demands,” according to her, “‘I don’t care if I die. I don’t care if you die. Kill me, put me in jail.'” Ms. Schrunk described this outburst as “Satanic.” and testified: “For a moment I really thought I was going to die.”

Prosecutors do not deny Neely’s intimidating behavior. It is also interesting that those who called these witnesses, who were in the train car when the tragedy occurred. But they ask each witness if Neely touched anyone, physically assaulted anyone, or carried a weapon (which he did not). But the prosecution strongly disputes the way Mr. Penny administered the chokehold, arguing that, having been trained in the Marine Corps, he “was aware of the risk he posed to Jordan Neely’s life by holding him in a choke hold for almost six minutes.” “This now includes the 51 seconds after he lost consciousness.”

In her opening statement, Ms. Yoran announced that the prosecution would call to the witness stand the martial arts instructor who trained Mr. Penny during his service in the Marine Corps. It is unclear when the prosecution will call this witness. However, as the trial enters its fourth week, it is highly likely that experts will take the stand soon.

The trial will continue on Tuesday and is expected to last until December 9.