A jury has been seated to hear the subway chokehold case against Daniel Penny, with opening statements scheduled for Friday. The jury is comprised of seven women and five men, including four people of color. The Manhattan District Attorney's Office filed a motion accusing the defense of eliminating certain potential jurors based on race, citing that the defense used their challenges to strike at least 10 people of color. Prosecutors pointed to a Black woman with purple hair, whom defense attorneys struck after noting her hair color, as an example of discriminatory jury selection.
Background of the Trial
Jury selection began more than a week ago in the manslaughter trial of Daniel Penny, a Marine veteran who placed a man acting erratically in a New York City subway car into a fatal chokehold. Penny has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide.
The Incident on the Subway
Witnesses reported that the man, identified as Jordan Neely, had been shouting and demanding money when Penny approached him on May 1, 2023. Penny then moved to restrain Neely, pinning him to the floor of an NYC train with the help of two other passengers, and placed him in a chokehold until his body went limp. The medical examiner's office later ruled Neely's death a homicide.
Defense and Prosecution Arguments
Penny's lawyers argue that the Long Island native did not intend to kill Neely but rather sought to hold him down long enough for police to arrive. They contend that Neely was "insanely threatening" to passengers aboard the F train in Manhattan and that Penny "took action to protect the lives of others."
Prosecutors in the Manhattan district attorney's office are expected to concede that Neely may have seemed frightening to some subway riders but will argue that Penny continued the chokehold long past the point where Neely stopped moving and posed any threat. To secure a conviction, prosecutors must prove that Penny's use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for an extended period. They do not need to prove Penny intended to kill Neely.
"We are confident that a jury, aware of Danny's actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict," Penny's lawyers, Steven Raiser and Thomas Kenniff, stated.
Key Moments and Testimony
Opening Statements
During opening statements, Assistant District Attorney Dafna Yoran laid out the case against Penny, stating that on the afternoon of May 1, 2023, in lower Manhattan, Neely "took his last breaths on the dirty floor of an uptown F train." Yoran asserted that Penny killed Neely by using his arm as a vise to choke him for five minutes and 53 seconds, and that two civilian videos would show "Mr. Neely's life being snuffed out before your very eyes." Yoran noted that as a trained former Marine, Penny knew the deadly potential of his chokehold yet showed "indifference."
Yoran acknowledged that Neely, who was experiencing homelessness and had untreated mental illness, acted erratically and threateningly. However, she argued that Penny went "way too far" by holding Neely in a chokehold long after he was unconscious, charging that Penny failed to recognize Neely's humanity. The prosecution implied that race may have been a factor, though Yoran stated that Penny's motive for the prolonged hold was not something that could be known or needed to be known.
Penny's defense attorneys, Thomas Kenniff and Steven Raiser, presented Penny as a figure who acted to protect other passengers. They described Neely as a "seething" psychotic individual threatening women and children.
Witness Testimonies
The trial featured testimony from passengers who were aboard the subway at the time of the incident. Ivette Rosario, 19, described Neely's aggressive behavior and alarming tone as he entered the train, stating she became frightened. Juan Alberto Vazquez, 59, a freelance journalist, also focused on Neely's "violent, aggressive" tone and admitted to being scared, recalling other subway incidents. Larry Goodson, 61, a lifelong New Yorker, stated he wasn't afraid and warned Penny to let go of Neely's neck.
Moriyela Sanchez, a classmate of Rosario, testified that Neely had his "fist up" and was making "life-threatening claims." Caedryn Schrunk, a corporate-brand manager for Nike, described Neely as "screaming verbal threats" and making "very traumatic" statements, believing she was going to die. She identified Penny in court and smiled at him.
Johnny Grima, a self-described "homeless advocate" who arrived after the train stopped, testified that he saw Neely being choked by Penny while two others held him down. He admitted he didn't intervene due to fear of being stabbed and expressed regret for not stopping "a man getting murdered." Under cross-examination, Grima admitted to past convictions for "nonviolent" crimes, and Penny's attorney questioned whether his past assault conviction qualified as nonviolent.
Dan Couvreur, a tech worker, testified he was "pretty terrified" watching the events unfold and that Penny asked for help restraining Neely. Alethea Gittings, a frequent subway rider, stated she was "scared shitless." Lori Sitro, a research director, described Neely as "lunging at people, very erratic" and increasingly threatening, prompting her to move her young son and stroller away.
Eric Gonzalez, who helped Penny restrain Neely's arms, testified that Penny was "not squeezing" Neely's neck in the crucial seconds before releasing the hold. Gonzalez admitted to initially lying to investigators about his involvement out of fear of being "pinned" for the killing, and that he received immunity from prosecution in exchange for his testimony.
Jurors in Daniel Penny trial hear testimony from chokehold expert | NewsNation Now
Expert Testimony
Joseph Caballer, a nine-year Marine veteran and Penny's martial arts instructor, explained that Marines are trained in a nonlethal "blood choke" designed for temporary unconsciousness, not the "air choke" which can take minutes. He noted that Penny's hold appeared to be a variation of a "figure 4," but improperly executed, and could not determine from video footage how hard Penny was squeezing Neely's neck.
Dr. Cynthia Harris, a fellow at the city's medical examiner's office who performed Neely's autopsy, testified about the delicate anatomy of the neck and the signs of asphyxia found on Neely's body, including scratch marks and petechiae. She explained that Neely's spleen showed signs of sickling due to acute physical stress from strangulation, but this condition did not cause his death. Harris reviewed civilian video footage of the incident, noting Neely's struggle and distress, and that his face was "uniformly purple, indicating 'congested veins'."
Legal Developments
Judge Maxwell Wiley dismissed the second-degree manslaughter charge, allowing the jury to consider the lesser charge of criminally negligent homicide, which carries a maximum penalty of four years in prison. Penny's defense attorneys moved for a mistrial, arguing the dismissal would influence the jury, but the judge denied the motion. Wiley also denied subsequent motions for a mistrial from the defense, who argued that continued deliberations could lead to a "coercive or a compromised verdict." The judge proposed issuing a new instruction to the jury explicitly stating that the court was "not directing you to any particular verdict" and offered to instruct them to ignore external chants from protesters, a proposal the defense declined.
Verdict and Aftermath
After deliberating for more than 24 hours across five days, the jury found Daniel Penny not guilty of criminally negligent homicide for the death of Jordan Neely on Monday. The jury had been deadlocked on the more serious manslaughter charge the previous week. The city's medical examiner had concluded Penny's chokehold killed Neely, while the defense argued Neely died from a genetic condition and synthetic marijuana found in his system.
The case polarized New York City residents, raising broader questions about mental health, race relations, and the line between self-defense and vigilantism. The prosecution called over 30 witnesses, including one who testified he advised Penny to loosen his grip and stated in video footage that Penny was not "squeezing" Neely's neck in the 51 seconds before releasing the hold. Separately, Neely's father filed a lawsuit accusing Penny of assault, battery, and causing Neely's death.