Trial set to begin for Daniel Penny in NYC subway chokehold death of Neely

The trial of Daniel Penny, a former US Marine accused of fatally choking Jordan Neely on a New York City subway, is set to commence this week, drawing significant public and media attention. Penny, 25, has pleaded not guilty to charges of second-degree manslaughter and negligent homicide in the high-profile case.

The incident occurred in May 2023 when Neely, a 30-year-old Black man known for his performances as a Michael Jackson impersonator in Times Square, was reportedly shouting at passengers and asking for money. Witnesses claim that Penny, who is white, restrained Neely in a chokehold for approximately six minutes, a move that prosecutors argue continued “well past the point at which Mr. Neely had stopped purposeful movement.”

Videos captured by fellow passengers showed Penny holding Neely around the neck, with emergency responders ultimately unable to revive him. The city medical examiner ruled Neely’s death a homicide caused by neck compression.

This tragic event has sparked heated debate, becoming a political flashpoint. Supporters of Penny describe him as a hero who acted in self-defense, while civil rights activists and critics argue that he took the law into his own hands, labeling him an unjustified vigilante.

Penny asserts that he was fearful for his safety and was motivated by the presence of women and children nearby as Neely allegedly yelled threats. “I was scared for myself but I looked around there were women and children, he was yelling in their faces saying these threats. I just couldn’t sit still,” he wrote on social media.

Neely, who had a history of mental health challenges stemming from a traumatic childhood, had faced numerous arrests for offenses ranging from fare evasion to theft. Family members describe a man who struggled with mental illness, exacerbated by the violent death of his mother more than 15 years prior.

The case has reignited discussions around the use of chokeholds, a controversial practice highlighted by the 2014 death of Eric Garner, who died after being restrained by police. Following that incident and the subsequent killing of George Floyd in 2020, New York state has implemented bans on chokeholds and other restrictive measures during police arrests.

With jury selection scheduled to begin on Monday, the trial promises to further illuminate the complexities surrounding issues of race, mental health, and the limits of self-defense in an increasingly polarized society.