Jury deliberations continue Wednesday in the trial of Daniel Penny, a Marine veteran charged with manslaughter in the 2023 death of Jordan Neely, a homeless man he encountered on a New York subway train. Penny has claimed that Neely was threatening other passengers and that he placed Neely in a chokehold to protect those around them, a claim that has been condemned by many who note that Neely did not commit any acts of violence in the incident. Prosecutors argue that Penny’s actions were excessive and directly led to Neely’s death.
Viral video of Penny restraining Neely in a chokehold
In a May 2023 incident largely caught on video that went viral, Daniel Penny confronts fellow passenger Jordan Neely on the subway, with Penny placing Neely in a chokehold and restraining him on the floor for six minutes, during which time Neely eventually loses consciousness and stops moving. The case has deeply divided the public. Witnesses agree that Neely had been yelling at people on the train, complaining about his own homelessness. Penny and his supporters have alleged that Neely’s actions were threatening and that Penny was acting in defense of others, while detractors and prosecutors argue that Penny was the only one who made the situation physical, that he “went too far” in his actions toward Neely and that he caused the man’s death. The case has also stirred up the issue of racial violence, with Penny, a white architecture student, allegedly causing the death of Neely, a homeless Black man. Jury deliberations in the case began Tuesday afternoon, continuing into Wednesday morning without a verdict.
Prosecution paints picture of man who acted restlessly
More than 30 witnesses testified during the trial, including several who confirmed Neely’s erratic behavior. Prosecutors have argued that Neely’s actions do not change Penny’s responsibility, arguing that he continued to restrain and choke Neely for a dangerous and irresponsible amount of time. One of the prosecution’s witnesses, Eric Gonzales, helped Penny restrain Neely by holding the man’s arms; he testified that he told Penny that he could let go of the chokehold but that Penny continued it anyway. Medical examiner Cynthia Harris testified for the prosecution that Neely’s death was a direct result of the chokehold applied by Penny, which cut off Neely’s oxygen supply. Dr. Harris refuted defense claims that other causes, such as drug use or preexisting medical conditions, contributed to Neely’s death.
Jurors ask to review information as deliberations continue.
As jurors discuss Penny’s fate, they have requested several pieces of information concerning the case. On Tuesday, jurors asked to review the court’s instructions for what can be considered justifiable force. As the jury continued deliberating Wednesday morning, they requested to review several pieces of evidence from the trial. These include the bystander video of the incident, bodycam footage from police who arrived on the scene, and Penny’s statement to police. If they find Penny guilty of manslaughter, he could be sentenced to up to 15 years in prison.
The case, which has divided the nation, includes significant amounts of witness testimony and evidence, and it’s unclear how long it will take for the jury to make their decision. But whatever verdict they deliver is sure to be controversial, as the case has yet again stirred up issues of race and vigilante actions in the United States.
