Jury selection began on Monday in the criminal trial of Daniel Penny, a 25-year-old former U.S. Marine charged with manslaughter over the death of Jordan Neely on a New York subway train last year, with the Manhattan court proceedings—expected to last six weeks—once again drawing national attention to an incident that sparked widespread debate.
Penny is charged with “recklessly causing the death” of Neely, a 30-year-old former street performer who, according to witnesses, was acting erratically on the train on May 1, 2023. Witnesses said Neely was shouting and demanding money when Penny moved to restrain him.
Protests erupted following the incident, with some demanding Penny’s arrest while others rallied in his support outside the courthouse.
Penny, who served four years in the U.S. Marine Corps before being discharged in 2021, has been free on a $100,000 bond. If convicted of second-degree manslaughter, he faces up to 15 years in prison while a conviction for criminally negligent homicide could result in up to four years behind bars.
Witnesses reported that Neely, who allegedly had a history of mental illness, homelessness, and substance abuse, was behaving aggressively on the train.
Penny, with assistance from two other passengers, pinned Neely to the ground and held him in a chokehold for more than three minutes until Neely was unresponsive. The medical examiner ruled the death a homicide caused by compression of the neck.
His attorneys argue that he did not intend to kill Neely and wanted to restrain him until police arrived.
Penny has stated that Neely was threatening passengers, saying he heard Neely shout, “I’m gonna kill you” and that he was “ready to die” or spend his life in jail. In a video released by his legal team, Penny described the situation as “a scary situation,” adding, “I couldn’t just sit still and let him carry out these threats.”
Defense attorney Steven Raiser indicated that they plan to present other potential causes for Neely’s death, including allegedly high levels of the synthetic drug K2 found in his system.
The defense will also argue that video evidence shows Penny did not apply consistent pressure sufficient to render Neely unconscious or cause death.
Prosecutors contend that Penny’s actions were reckless and negligent, regardless of his intent. The Manhattan District Attorney’s office has declined to comment ahead of the trial.
In November 2021, he was charged with punching a 67-year-old woman as she exited a subway station, resulting in an active warrant for his arrest at the time of his death. Neely had long struggled with mental health issues, and his family says his condition had been deteriorating.
