A Marine veteran, Daniel Penny, is about to face a jury this week after being accused of fatally choking a homeless man during a confrontation on a New York City subway.
If convicted, Penny could face up to 19 years in prison for his actions.
The trial has captured national attention, as people across the country debate whether Penny’s intervention was an act of heroism or a tragic display of excessive force.
Confrontation with Jordan Neely
The 24-year-old Marine veteran became involved in an altercation with Jordan Neely, a 30-year-old homeless man, on May 1, 2023.
Neely, a former Michael Jackson impersonator who had been struggling with mental illness, was reportedly acting erratically and threatening other passengers during a rant on the subway.
Witnesses claimed that Neely was frightening those around him, prompting Penny to step in.
He held Neely in a chokehold for six minutes, which ultimately resulted in Neely losing consciousness.
Despite efforts by police to revive him, including administering Narcan to treat a potential overdose, Neely was pronounced dead at the hospital.
Penny’s Legal Defense and the Upcoming Trial
Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide.
His defense team previously sought to have the charges dropped but was unsuccessful.
The upcoming jury trial will center around whether Penny’s actions were justified as a defense against Neely’s perceived threats to himself and others, amid increasing crime in the subway system.
Penny’s lawyers are expected to argue that his intervention was a response to the “insanely threatening” behavior of Neely, and they hope to highlight recent incidents of subway violence to support their case.
Public Division and Missing Footage
The case has polarized the public, with some viewing Penny as a hero who acted in self-defense, while others argue his use of force was excessive, especially toward a mentally ill, homeless man.
One significant aspect of the trial is the potential evidence of a video recorded by a tourist couple who witnessed the incident.
Penny’s defense claims the footage could be favorable to his case, but the couple has reportedly refused to share it or testify in court.
Neely’s Troubled Past
Details about Neely’s troubled history have emerged, including multiple arrests for violent incidents on the subway system.
These incidents ranged from assaults on other passengers to criminal contempt charges.
Neely had been involved in several violent confrontations, including a 2021 attack on an elderly woman that resulted in serious injuries.
While the prosecution argues Neely’s past is irrelevant to the case, Penny’s defense may use this information to suggest that Neely posed a genuine threat during the subway incident.
Controversy Over CPR and Narcan Use
A pretrial hearing revealed that police did not immediately perform CPR on Neely after he lost consciousness, despite indications that he was still alive.
Instead, they administered Narcan, a medication used to reverse opioid overdoses.
This has led to questions about whether drug use played a role in Neely’s death and how police handled the situation.
Legal Fundraising and Public Support
As Penny’s trial approaches, public support for him has continued to grow.
A fundraiser for his legal defense has raised over $3 million, with thousands of donations coming in from individuals.
One of the largest donations was $10,000 from Vivek Ramaswamy, a former Republican presidential candidate.
While some view Penny as a Good Samaritan, others believe the case highlights the dangers of excessive force and the need for accountability.
Prosecutors Argue Penny’s Actions Were Reckless
Prosecutors, on the other hand, maintain that Penny acted recklessly by holding Neely in the chokehold for too long.
They argue that by the time the subway doors opened, the situation was no longer dangerous, yet Penny continued to restrain Neely, leading to his death.
Assistant District Attorney Joshua Steinglass has pointed out that second-degree manslaughter does not require proof of intent, only that Penny’s actions were reckless.
This will be a key argument for the prosecution as the trial unfolds.
Political Connections and Potential Bias
Adding to the complexity of the case, Penny’s defense attorney, Thomas Kenniff, has a personal history with Manhattan District Attorney Alvin Bragg.
Kenniff ran against Bragg in the 2021 DA election, campaigning on a platform that criticized Bragg’s perceived leniency toward crime.
Although Kenniff lost, the prior political rivalry could cast a shadow over the trial.
What’s Next?
As the trial begins, all eyes will be on how the jury weighs the evidence and testimony.
The outcome could have lasting implications, not only for Daniel Penny but for the broader discussions surrounding crime, mental health, and the appropriate use of force in public spaces.
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