Jurors Begin Deliberations in Daniel Penny Subway Chokehold Case

Twelve New York jurors concluded their initial day of deliberations regarding the legal outcome for Daniel Penny, a former U.S. Marine facing accusations of causing a homeless man’s death via a chokehold, without reaching a decision. Mr. Penny, aged 26, underwent a month-long trial in a Manhattan courtroom, having entered a plea of not guilty to charges of second-degree manslaughter and negligent homicide. Prosecutors have characterized his actions as reckless when he subdued 30-year-old Jordan Neely on a subway train, whereas Mr. Penny’s legal team asserts he intervened to safeguard concerned passengers. Following the conclusion of prosecutors’ closing arguments on Tuesday, the judge provided approximately an hour of instructions before dispatching the jurors in the afternoon to determine a verdict. The trial involving Mr. Penny has prompted renewed discussions concerning public transportation safety in the largest U.S. city, as well as the local government’s approach to supporting residents experiencing homelessness and mental health challenges. On Monday, Steven Raiser, Mr. Penny’s attorney, urged jurors to consider Mr. Penny’s perspective, stating that he and other subway passengers had “very little room” to move or run when Mr. Neely’s outburst commenced. Mr. Raiser declared, “Danny acted to save those people.” He then posed the question, “Who would you want on the next train ride with you?” Conversely, Assistant District Attorney Dafna Yoran informed jurors that the defendant had applied “way too much force for way too long, in way too reckless a manner.” Ms. Yoran stated on Tuesday, “The defendant was given all the signs that he needed to stop. He ignored them, he kept going, until a man died. He must be held accountable for that.” A conviction for manslaughter could result in Mr. Penny facing a prison sentence of up to 15 years. The event in May 2023 rapidly evolved into a political point of contention, with conservatives commending Mr. Penny as a hero, while critics, including civil rights activists, contended that he acted as an unwarranted vigilante in the death of Mr. Neely, who was Black. On May 1, witnesses reported that Mr. Neely, who suffered from severe mental illnesses, started yelling at fellow subway passengers, requesting money and proclaiming his hunger and desire to return to jail. Mr. Penny’s legal representatives, noting he is white, state that the Long Island native intervened due to concerns that Mr. Neely might harm other passengers, holding him down for several minutes until he became unconscious. The month-long trial of Mr. Penny has presented a range of evidence, such as bystander videos depicting the chokehold, 911 calls, police body camera recordings, and statements from witnesses and individuals acquainted with Mr. Penny’s background. Mr. Penny chose not to provide testimony during the proceedings; however, the 12 anonymous New York jurors heard accounts from the police officers who responded to the event and from subway passengers who observed what transpired. Their testimonies varied, with some expressing feelings of threat due to Mr. Neely’s unpredictable conduct, while others voiced apprehension regarding Mr. Penny’s chokehold. Caedryn Schrunk, a witness present on the New York F train that day, stated, “I truly believed that I was going to die in that moment.” Johnny Grima, another individual, testified that Mr. Penny prevented him from intervening when he requested to position Mr. Neely on his side instead of maintaining a chokehold. Mr. Grima informed the court, “I’m concerned about the man, because he’s not moving.” Throughout the trial, prosecutors from the Manhattan District Attorney’s Office acknowledged Mr. Penny’s intention to safeguard other passengers. Ms. Yoran remarked during her opening statements that this motivation was “even laudable.” She further stated, “But under the law, deadly physical force such as a chokehold is permitted only when it is absolutely necessary, and only for as long as it is absolutely necessary.” She concluded, “The defendant went way too far.” Prosecutors additionally contended that, given his background as a former Marine, Mr. Penny should have recognized the potential lethality of the chokehold on Mr. Neely and could have employed less dangerous restraint techniques. Mr. Penny’s legal team proposed that factors other than the chokehold might have contributed to Mr. Neely’s death, such as his drug use, schizophrenia, and sickle cell trait. They referenced the testimony of a forensic pathologist presented as an expert witness. A medical examiner determined that Mr. Neely’s death resulted from neck compression, a conclusion she upheld throughout the trial. Mr. Neely was recognized citywide for his performances as a Michael Jackson impersonator, notably in Times Square. He had accumulated numerous prior arrests for offenses including fare evasion, theft, and assaults against three women. According to family members, his mental health struggles commenced over 15 years prior, following his mother’s strangulation by her boyfriend.