26-year-old Marine veteran turned architecture student, Daniel Penny, is on trial for a chokehold incident that resulted in the death of 30-year-old Jordan Neely on a subway car last year. According to a New York City defense lawyer, Penny is likely to testify in his own defense soon.
Staten Island defense attorney Louis Gelormino, who has handled similar cases, emphasized the importance of defendants testifying to provide insight into their thought process during the incident. Gelormino believes that in cases like Penny's, where an affirmative defense like justification is raised, it is crucial for the defendant to take the stand.
Penny is facing charges of manslaughter and criminally negligent homicide in Neely's death. Neely, described as a homeless drug abuser with schizophrenia and a criminal history, reportedly entered a Manhattan subway car in May 2023, making threatening statements.
The prosecution aims to convince jurors that Penny acted recklessly or negligently, leading to Neely's death, while the defense argues that Penny's actions were justified and reasonable under the circumstances.
Witnesses called by the prosecution have testified feeling afraid and in danger during the incident. Gelormino highlighted the significance of Penny's testimony in explaining his perception of the situation and justifying his actions.
Notably, Manhattan District Attorney Alvin Bragg's office brought charges against Penny shortly after Neely's death, contrasting with a previous case where Gelormino's clients were not charged in a similar self-defense scenario.
The trial is set to resume, with Penny facing a potential 15-year prison sentence if convicted of manslaughter. The defense is expected to conclude its case before Thanksgiving, providing clarity on whether Penny will take the stand to testify.
