NEW YORK – The trial of Daniel Penny, a 25-year-old Marine veteran accused of causing the death of Jordan Neely on a New York City subway in May 2023, is set to begin Monday with jury selection. Penny faces charges of second-degree manslaughter and criminally negligent homicide for putting Neely, a 30-year-old homeless man, in a chokehold during an altercation on the F train. According to Judge Max Wiley, the trial is expected to last between four and six weeks.
The incident, captured on video, sparked intense debates on topics ranging from vigilantism to mental health and race relations in the city. Penny pleaded not guilty and argued that his actions were driven by self-defense, claiming he intervened because Neely posed a serious threat to subway passengers. “Danny saw a genuine threat and took action to protect the lives of others,” his attorneys have stated. Penny’s defense maintains that he acted out of concern for the safety of others on the crowded train.
Neely, who was experiencing homelessness, had a history of mental health issues and prior arrests for disorderly conduct and fare evasion. According to witnesses, Neely was shouting and exhibiting erratic behavior before Penny intervened. However, there are conflicting accounts of Neely’s behavior, with some passengers describing him as aggressive, while others noted he was merely expressing frustration and despair without posing any direct threat.
Prosecutors argue that Penny’s response was excessive and reckless, maintaining that the chokehold was held for over six minutes—well beyond the point where Neely showed purposeful movement. “There was simply no reason for Neely’s life to end that day,” prosecutor Joshua Steinglass said in court documents. Steinglass emphasized that second-degree manslaughter only requires proof that Penny acted recklessly, not that he intended to kill Neely.
The video footage circulated widely on social media shows Penny restraining Neely on the subway floor while two other passengers attempt to help restrain Neely. Approximately three minutes into the video, Neely stops moving altogether. Prosecutors contend that Penny continued to apply pressure to Neely’s neck even after passengers could have exited the train safely.
Penny’s legal defense will likely focus on the chaotic nature of the incident, the perceived danger posed by Neely, and Penny’s state of mind at the time. “We are confident that a jury, aware of Danny’s actions in putting aside his safety to protect others, will deliver a just verdict,” Penny’s attorney, Steven Raiser, stated. The defense plans to argue that Penny intended to de-escalate a threatening situation, not to cause fatal harm. The attorneys will also present Neely’s toxicology reports, which indicated the presence of synthetic cannabinoids as a potential contributing factor to his death.
The case has drawn significant attention due to the social and racial dynamics surrounding the event. Neely, who was Black, had built a reputation as a well-known street performer imitating Michael Jackson before he fell into homelessness and struggled with mental health. His family argues that Neely’s death symbolizes systemic failures in addressing mental health and homelessness in the city. “Justice for Jordan is what we seek,” said Neely’s uncle, Christopher Neely. “His life should not have ended in such a way.”
Meanwhile, Penny, who is white, has become a polarizing figure. Some view him as a vigilante who took the law into his own hands, while others see him as a Good Samaritan who acted in the best interests of public safety. Penny has received significant financial support for his legal defense, raising more than $3 million in donations from prominent conservative figures and political candidates.
The trial will delve into various contentious issues, including the limits of self-defense, the criminalization of homelessness, and how mental health crises are handled in public spaces. “This case will set a precedent for how New Yorkers are expected to act when they perceive a threat in public spaces,” said legal analyst Maria Lopez. “It’s not just about what happened on that train but how the justice system interprets the actions of civilians in high-pressure situations.”
Judge Wiley has ruled that evidence of Neely’s mental health history and prior arrests will not be admissible, focusing the trial squarely on the events that transpired on the train. Meanwhile, the defense has argued that excluding Neely’s history paints an incomplete picture of the threat Penny faced. The judge also ruled that body camera footage and Penny’s statements to police immediately following the incident are admissible, a decision that could impact the trial’s outcome.
As jury selection begins, the trial is poised to reignite public debates that emerged after the incident. Neely’s death catalyzed protests and calls for increased support for mental health services in the city, as well as greater accountability for excessive use of force in public spaces. For Penny, the trial represents a potential prison sentence of up to 15 years if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.
The opening arguments are set to begin later this week, with both sides preparing for what could be a landmark case in New York City’s legal landscape. As the trial unfolds, it will offer a window into the broader challenges the city faces in balancing public safety with compassion for those experiencing mental health crises. The outcome will have lasting implications not only for Penny and Neely’s family but also for how New Yorkers navigate the complex realities of life in a densely populated, often unpredictable city.
