A Manhattan jury has started deliberating in the trial of Daniel Penny, the former Marine accused of killing Jordan Neely when he held Neely in a chokehold on the New York City subway for about six minutes last year.
Prosecutors and defense attorneys delivered their closing statements on Monday and Tuesday. The two sides offered conflicting accounts of a death captured on camera, which has fiercely divided viewers throughout the city and beyond.
Defense lawyer Steven Raiser argued that the chokehold didn’t directly cause Neely’s death and that the medical examiner’s office rushed its autopsy results to appease protesters. He also said Penny “put his life on the line” for “perfect strangers” on the train who feared Neely’s behavior, and added that Penny didn’t intend to kill Neely.
Assistant District Attorney Dafna Yoran told jurors Neely died because Penny had held him in a chokehold for too long. She said Penny knew he was risking Neely’s life and kept holding him around the neck anyway because he “just didn’t recognize that Jordan Neely, too, was a person that needed to be preserved.”
Penny was riding an uptown F train on May 1, 2023, when Neely boarded and started yelling at passengers, according to witness testimony and Penny’s past statements to detectives. People who were on the subway that day testified at trial that Neely was shouting about being hungry, thirsty and willing to die or go to jail.
Fewer than 30 seconds later, according to evidence presented at trial, Penny wrapped his arm around Neely’s neck and pulled him to the ground. He continued to hold on after the doors opened and the train stopped moving at the Broadway-Lafayette Street station — including for almost a minute after Neely’s last visible movement on bystander video taken during the incident, which later went viral. Neely was pronounced dead soon after.
Penny has pleaded not guilty to manslaughter and criminally negligent homicide charges. Jurors must decide whether his actions caused Neely’s death and whether they were justified under the circumstances. They also must determine whether Penny knew or should have known that he was putting Neely’s life at risk.
If convicted of the most serious charge, Penny could spend up to 15 years in prison. A judge could also choose not to sentence him to prison time. If jurors cannot reach a unanimous verdict, prosecutors will have to decide whether to dismiss the case or try Penny a second time with a new jury.
This is a developing story and may be updated.
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