NEW YORK — Opening statements are set to begin Friday in the trial of Daniel Penny, a former Marine charged with manslaughter in the death of Jordan Neely, a homeless man and street performer, on a New York City subway last year.
The incident, captured on video, drew national attention and ignited protests after police initially released Penny from custody following Neely’s death. Jury selection began on October 21, and a jury of 12, along with four alternates, was seated on Wednesday.
The jury will determine if Penny, 26, acted recklessly when he placed Neely, a former Michael Jackson tribute artist, in a chokehold for several minutes on May 1, 2023, resulting in Neely’s death.
During the opening statements, attorneys on both sides are expected to provide detailed accounts of the events on the subway and discuss Penny’s military background, according to Nicole Brenecki, a Brooklyn-based trial attorney observing the case.
The defense is likely to argue that Penny intervened out of concern for others when he restrained Neely, who was reportedly shouting that he was hungry, thirsty, and prepared to harm someone. With rising crime rates in the subway system, the jury may view Penny’s actions as justified, Brenecki noted.
Conversely, prosecutors will contend that Penny was aware of the risks to Neely while holding him down. “In our opening, we look forward to outlining the weaknesses in the government’s case that will lead to Danny’s acquittal,” defense attorney Steve Raiser stated.
Prosecutors Dafna Yoran and Jillian Shartrand will present the case for the Manhattan District Attorney’s Office, which has refrained from commenting on ongoing legal matters.
Neely’s Background and Circumstances
Neely’s erratic behavior in the crowded subway car raised alarm among passengers, prompting Penny’s intervention. Following the incident, a medical examiner determined that Neely’s death resulted from “compression of the neck.”
Raiser emphasized that many on the train felt threatened during the encounter. Neely, who was 30 at the time of his death, had a tumultuous life, facing homelessness and trauma from a young age, including the murder of his mother when he was 14.
“That’s the kind of trauma that can cause anyone to unravel,” said Lennon Edwards, a lawyer representing Neely’s family.
High-Profile Legal Representation
Penny’s case gained attention recently when he hired Jo-Ellan Dimitrius, a jury selection consultant known for her role in O.J. Simpson’s trial. Notably, the judge has ordered that jury members remain anonymous throughout the trial, according to the New York Times.
During jury selection, potential jurors were questioned about their subway commuting habits and experiences, reflecting the unique environment of the transit system. Bennett Gershman, a law professor not involved in the case, remarked, “The subway is a very unusual place. People may feel scared and uncertain about their surroundings.”
Gershman suggested that the defense may find it easier to argue that Penny did not act recklessly when restraining Neely. The trial is expected to last five weeks or more, with predictions of a hung jury or acquittal.
Brenecki pointed out that the defense might also argue that both Penny and Neely are victims of a societal system failing to provide adequate mental health support. “I’m not saying what he did was right, but it’s a compelling argument,” she said, highlighting the broader implications of the case.
