Daniel Penny, a 24-year-old Marine veteran, is on trial for second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless subway performer. The incident occurred on May 1, 2023, aboard an uptown F train in Manhattan, New York City, where Penny placed Neely in a fatal chokehold during an altercation.
The case has divided New Yorkers, sparking debates about vigilante justice and subway safety. Prosecutors argue that Neely, while acting erratically, was non-violent, while Penny’s defense claims his actions were justified by Neely’s threatening behavior.
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Penny’s account of events
In an interview with detectives shortly after the incident, Penny recounted Neely’s repeated threats, saying, “The three main threats that he repeated over and over were, ‘I’m going to kill you,’ ‘I’m prepared to go to jail for life,’ and ‘I’m willing to die.’”
Penny refuted allegations that he intended to cause Neely’s death or that the restraint lasted 15 minutes, saying, “The whole interaction was less than five minutes. Some people say I was trying to choke him to death—which is also not true. You can see in the video there’s a clear rise and fall of his chest, indicating that he’s breathing.” He also demonstrated the hold he used, asserting it was designed to restrain rather than kill.
Neely’s final moments
Prosecutors allege that Penny failed to check Neely’s breathing or pulse after his body went limp, despite his first-aid training. Police arrived seven minutes after the first 911 call and found Neely unresponsive but with a faint pulse. Despite chest compressions and the administration of an overdose-reversal drug, Neely was pronounced dead.
Witness accounts
Ivette Rosario, a high school student, testified that she was frightened during Neely’s outburst, describing it as unlike anything she had seen before, according to a Fox News report. Rosario recorded a video showing Penny holding Neely in a chokehold for nearly six minutes, even after Neely became unresponsive.
Commuter Eric Gonzalez testified that he tried to de-escalate the situation by restraining Neely’s hands so Penny could release him, the Fox News report said. Another witness, Larry Goodson, recalled warning Penny: “If you don’t let him go, you’re going to lose him.”
Penny’s defense
Penny has retained Thomas Kenniff, a former Republican candidate for district attorney, as his attorney. On May 5, 2023, Penny’s legal team released a statement expressing condolences to Neely’s family. The statement read, “Daniel never intended to harm Mr. Neely and could not have foreseen his untimely death. When Mr. Neely began aggressively threatening Daniel Penny and the other passengers, Daniel, with the help of others, acted to protect themselves until help arrived.”
The defense contends that Neely aggressively approached a woman with a stroller, shouting that he would “kill,” which prompted Penny to intervene. However, prosecutors and some witnesses argue that Neely did not physically threaten anyone on the train.
Vigilantism or self-defense?
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Penny’s legal team has stressed his military background and pointed out that he asked fellow passengers to call the police during the incident. They argue that he acted to protect others from a perceived threat. Prosecutors, however, contend that Penny’s use of force was excessive and directly caused Neely’s death, noting his failure to attempt lifesaving measures.
If convicted, Daniel Penny faces up to 15 years in prison for manslaughter and up to four years for criminally negligent homicide.
