Daniel Penny Trial Begins: Prosecutors Argue Excessive Force in Subway Chokehold Death

The trial of Daniel Penny, a 26-year-old former Marine, began on Friday with opening statements in a Manhattan courtroom. Penny is facing charges of second-degree manslaughter and criminally negligent homicide for the death of Jordan Neely, a 30-year-old homeless Black man who was a Michael Jackson impersonator and struggled with mental health issues and homelessness.

During the opening statements, Assistant District Attorney Dafna Yoran argued that while Penny’s initial intention to protect other passengers from Neely’s erratic behavior was commendable, his actions became unjustifiable when he continued to restrain Neely after he had lost consciousness and other riders had safely exited the train car. Yoran emphasized that a chokehold is only justified when absolutely essential and must be maintained for only as long as necessary, stating that Penny “went way too far” and exceeded these limits.

Penny’s defense, led by attorney Thomas Kenniff, countered that Penny did not intend to harm Neely and applied what Kenniff described as “a variation of a nonlethal chokehold” to detain Neely until law enforcement arrived. Kenniff disputed the medical examiner’s conclusion that Neely’s death resulted from neck compression due to the chokehold, suggesting that other factors may have contributed to Neely’s death.

The incident, which occurred on May 1, 2023, on a New York City subway, has sparked significant controversy and division. Neely had been acting erratically, making threats and demanding money, which alarmed other passengers. The trial has also ignited discussions about race and the city’s support for individuals facing homelessness and mental health issues.

Both the prosecution and defense plan to use bystander video footage and body-cam statements from witnesses to support their arguments. The trial is expected to last between four to six weeks and has already seen protests outside the courthouse, with some labeling Penny a hero and others a vigilante).