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Jury selection was set to begin Monday in the criminal trial of the U.S. Marine Corps veteran charged with manslaughter for placing a man in a deadly chokehold on a New York City subway train last year.
Daniel Penny, now 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer who witnesses say was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.
The Manhattan court proceedings, which are expected to last six weeks, will place a spotlight back on a case that sparked debate and division locally and across the country.
Protesters took to the streets to demand that authorities arrest Penny — who is white; Neely was Black — while others rallied in support outside the courthouse once he was charged. The case also became a cause celebre among Republican presidential hopefuls.
Penny, who served four years in the Marines before being discharged in 2021, has been free 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 had struggled with drug addiction, mental illness and homelessness — had been shouting and demanding money when Penny approached him.
Penny pinned Neely to the ground with the help of two other passengers, and placed him in a chokehold for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.
Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, “I’m gonna’ kill you” and that he was “ready to die” or go to jail for life.
Penny’s attorney, Steven Raiser, said the defense plans to offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.
They’ll also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Prosecutors, in their court filings, have argued that Penny’s actions were reckless and negligent even if he didn’t intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.
Neely’s uncle, Christopher Neely, said he and other family members have been anticipating this moment.
“Justice for Jordan is all we think about," he told The Associated Press last week.
