Daniel Penny on Trial for manslaughter and negligent homicide of Jordan Neely

[HmmMysterious]

On the afternoon of May 1, 2023, former Michael Jackson impersonator Jordan Neely began acting in a "hostile and aggressive manner" while riding the F train in Manhattan. Sources say that he threw his jacket on the ground which made passengers move away. A witness said that Neely "started screaming in an aggressive manner...he said that he had no food, no drink, that he was tired, and doesn't care if he goes to jail." There are no signs that he physically assaulted or threatened anyone before a 24-year-old alleged former Marine grabbed Neely from behind.

The 24-year-old man then placed Neely in a fierce chokehold; Neely attempted to escape it for 2 minutes before his body stopped moving. 2 other subway riders held Neely down for another minute before one of them placed him on his back. The subway rider then moved Neely's body on its side to prevent him from choking on his saliva. Freelance journalist, Juan Alberto Vasquez, noticed Neely moved his arms before he completely stopped. The Medical Examiner's Office said Jordan Neely died from compression of the neck due to the chokehold and has labeled his death a homicide.

The NYPD detained the man behind Neely's death, questioned, and then released him which has generated anger. It has since been learned that Jordan Neely was homeless, had a history of mental illness, and had an active warrant out for his arrest due to felony assault.

The killing of Jordan Neely has caused considerable outrage. A rally was held on the same subway platform where Neely died 2 days later to demand justice and for more social services for people in need. Governor Kathy Hochul and Mayor Eric Adams have been accused of being complicit in Neely's killing by criminalizing the city's mentally unwell while at the same time doing nothing about the lack of affordable housing. The NYPD was accused of incompetence for releasing Neely's killer.

<modsnip - not an approved source>
What We Know About the Death of Jordan Neely
Medical examiner rules Jordan Neely's death a homicide after subway chokehold
<modsnip - not an approved source>
Outrage simmers in New York after the killing of Jordan Neely on a subway train

 

[Tricia]

The trial starts Monday, Oct 21st.

Daniel Penny is on trial for the murder of Jordan Neely

Daniel Penny’s lawyers will try to ‘put jurors in that train car’ and ask ‘what would you do?’ as trial begins

Jordan Neely’s death in a crowded Manhattan subway car struck a nerve with New Yorkers in May 2023, when bystander video of Daniel Penny placing the troubled homeless man in a fatal chokehold…

nypost.com

Past discussions
Thread #1
Thread #2

 

[JennieM]

The trial is expected to last between four and six weeks, according to Judge Max Wiley.

Daniel Penny set to stand trial in choking death of Jordan Neely on New York City subway

Penny has pleaded not guilty to the charges.

abc7.com

 

[Ontario Mom]

I'm really looking forward to and hoping for true justice to be served in this case.

 

[shotgun09]

Who if anyone, is covering this trial? I have heard nothing.

 

[Ontario Mom]

Who if anyone, is covering this trial? I have heard nothing.

I've mostly been following here daniel penny | New York Post

 

[Ontario Mom]

"Jury selection kicks off Monday in the lightning-rod trial of Daniel Penny, the former Marine charged with fatally choking homeless subway busker Jordan Neely on a crowded Manhattan train car. Groups of New Yorkers will face a series of questions — and be grilled about their own experiences riding city subways — before 12 Manhattanites are ultimately chosen to decide the fate of Penny, 25, who is charged with manslaughter and criminally negligent homicide in the caught-on-camera killing." Jury selection starts in Daniel Penny’s trial over shocking fatal subway chokehold

The bolded section above, I think is truly key in this case. I've lost track of how many incidents I've read about (and how many videos I've seen online where folks do truly awful things) where folks taking the subway are in fear for their lives when someone came unglued. I suspect it might be hard to find jurors who've never, ever had a fearful experience riding the subway.

jmo

 

[Ontario Mom]

On jury selection yesterday:

"When Wiley asked the first pool of 86 potential jurors who among them had heard of the lightning-rod case, nearly all of the hands shot up. “Almost everybody. Not a surprise,” the judge said. “Even if you have formed an opinion about it, that does not disqualify you from serving on this case,” he added. “If you have formed an opinion on this case, you have to be prepared to change it.”

Protesters jeer at Daniel Penny on first day of jury selection in fatal NYC subway chokehold case: ‘Murderer!’

Jury selection kicks off Monday in the lightning-rod trial of Daniel Penny, the former Marine charged with fatally choking homeless subway busker Jordan Neely on a crowded Manhattan train car.

nypost.com

 

[Ontario Mom]

"Manhattan Supreme Court Justice Maxwell Wiley said he’d grant a request by prosecutors to conceal the identities of the 12 jurors who will hear evidence in Penny’s trial on charges of manslaughter and criminally negligent homicide.
Assistant District Attorney Dafna Yoran argued that keeping the names hidden would be best “based on prior threats that have been received in this case by all sides.” Judge reveals whether jurors deciding Daniel Penny’s fate in NYC subway chokehold case will stay anonymous

 

[Rolypolyoly]

Daniel Penny's chokehold manslaughter trial set back by jury selection

Daniel Penny , 26, will face a jury of his peers in a mammoth trial expected to take six weeks, to determine whether he is guilty of negligent homicide and manslaughter.

www.dailymail.co.uk

 

[Izzylizzy]

Questions facing Daniel Penny jurors as day 6 of selection process wraps up

Potential jurors in the Daniel Penny trial were asked about their subway use as jury selection continues.

www.newsweek.com

 

[Izzylizzy]

Good piece by RS
edit: It opened for me the first time but not the next.
Try if from your search engine it might open too because it's a good read.

Daniel Penny's Deadly Chokehold Shocked the Country. Now, He's Going on Trial For Manslaughter

The veteran Marine is facing charges of manslaughter and criminally negligent homicide. His trial is set to start on Oct. 21.

www.rollingstone.com

 

[Izzylizzy]

One thing we know is that Daniel Penny's fundraiser (can't post it) brought in over 3 million so he didn't have to be concerned about affording a good defense.

IMO: He's caught where Chauvin was caught.
Ignoring spectators warning him that he's killing the man and/or they think the man is dead.
Both men were trained in defense tactics and its dangers and also trained in CPR and other medical aid.

 

[Izzylizzy]

'Penny Hires Jury Consultant Who Aided O.J. Simpson and Kyle Rittenhouse'​

Penny Hires Jury Consultant Who Aided O.J. Simpson and Kyle Rittenhouse

The courtroom presence of Jo-Ellan Dimitrius illustrates the pressure on the 12 people who will decide if Daniel Penny is guilty of manslaughter for choking a man on a New York subway train.

www.nytimes.com

 

[Izzylizzy]

"Jury selection kicks off Monday in the lightning-rod trial of Daniel Penny, the former Marine charged with fatally choking homeless subway busker Jordan Neely on a crowded Manhattan train car. Groups of New Yorkers will face a series of questions — and be grilled about their own experiences riding city subways — before 12 Manhattanites are ultimately chosen to decide the fate of Penny, 25, who is charged with manslaughter and criminally negligent homicide in the caught-on-camera killing." Jury selection starts in Daniel Penny’s trial over shocking fatal subway chokehold

The bolded section above, I think is truly key in this case. I've lost track of how many incidents I've read about (and how many videos I've seen online where folks do truly awful things) where folks taking the subway are in fear for their lives when someone came unglued. I suspect it might be hard to find jurors who've never, ever had a fearful experience riding the subway.

jmo

IMO:
There's 2 tracks here.
Penny subdued a man who was accused by some of threatening the safety of passengers.
An act that would be appreciated by not only the people in the train car but also by those who experienced a threatening person on the subway, had been attacked or knew someone who was.

Though once subdued Penny didn't let up on the 6 min chokehold even when having 2 other males help him hold down Neeley and warning(s) from bystanders.

VIDEO: Daniel Penny Ignores Bystander's Warning About ...​

Business Insider
https://www.businessinsider.com › News › Law




May 5, 2023 — Extended video shows Daniel Penny appearing to ignore a person who warned 'you're going to kill him' while he had Jordan Neely in a chokehold

Marine Veteran Was Warned He Was 'Going to Kill' Jordan ...

Newsweek
https://www.newsweek.com › ... › Crime › Homelessness




May 5, 2023 — A video of the incident posted online showed the marine veteran lying under Jordan Neely and restraining him in a chokehold position for several ...

 

[Inthedetails]

"Jury selection kicks off Monday in the lightning-rod trial of Daniel Penny, the former Marine charged with fatally choking homeless subway busker Jordan Neely on a crowded Manhattan train car. Groups of New Yorkers will face a series of questions — and be grilled about their own experiences riding city subways — before 12 Manhattanites are ultimately chosen to decide the fate of Penny, 25, who is charged with manslaughter and criminally negligent homicide in the caught-on-camera killing." Jury selection starts in Daniel Penny’s trial over shocking fatal subway chokehold

The bolded section above, I think is truly key in this case. I've lost track of how many incidents I've read about (and how many videos I've seen online where folks do truly awful things) where folks taking the subway are in fear for their lives when someone came unglued. I suspect it might be hard to find jurors who've never, ever had a fearful experience riding the subway.

jmo

I live in Manhattan and am a subway rider, and I know I'm not the only local on WS. I have extremely mixed and complicated feelings about this case and probably won't be watching the trial until verdict time as I expect it to be frustrating. I do recognize the victim from the subway, fwiw.

jmo

 

[Rolypolyoly]

IMO:
There's 2 tracks here.
Penny subdued a man who was accused by some of threatening the safety of passengers.
An act that would be appreciated by not only the people in the train car but also by those who experienced a threatening person on the subway, had been attacked or knew someone who was.

Though once subdued Penny didn't let up on the 6 min chokehold even when having 2 other males help him hold down Neeley and warning(s) from bystanders.

VIDEO: Daniel Penny Ignores Bystander's Warning About ...​

Business Insider
https://www.businessinsider.com › News › Law




May 5, 2023 — Extended video shows Daniel Penny appearing to ignore a person who warned 'you're going to kill him' while he had Jordan Neely in a chokehold

Marine Veteran Was Warned He Was 'Going to Kill' Jordan ...
Newsweek
https://www.newsweek.com › ... › Crime › Homelessness




May 5, 2023 — A video of the incident posted online showed the marine veteran lying under Jordan Neely and restraining him in a chokehold position for several ...

Yes, this is the thing. I don't disagree with Penny's initial actions, and I don't believe there was any malice or intent. I believe he acted from a good place, but he had training and knew better and once he made the decision to not let up once Neely was subdued and no longer a threat, the rules changed.
People were warning him, he had time and the knowledge to stop but he didn't.

 

[Izzylizzy]

Yes, this is the thing. I don't disagree with Penny's initial actions, and I don't believe there was any malice or intent. I believe he acted from a good place, but he had training and knew better and once he made the decision to not let up once Neely was subdued and no longer a threat, the rules changed.
People were warning him, he had time and the knowledge to stop but he didn't.

That's what did Derek Chauvin in..he was medically/defense trained and ignored the warnings, even that Floyd had not pulse.
Chauvin's chokehold 9 mins+ secs
Penny's chokehold a supposed 6 mins

There are many who are adamant that Penny is some kind of savior for protecting NYC subway riders and believe that what Penny did that led to Jordan Neely's death is irrelevant.

Even after the evidence is presented by the prosecutors at trial showing the video of the chokehold,2 males helpers and Penny's Marine training I can definitely see a hung jury if there's more then one-two holdouts.

 

[Ontario Mom]

There are many who are adamant that Penny is some kind of savior for protecting NYC subway riders and believe that what Penny did that led to Jordan Neely's death is irrelevant.

Even after the evidence is presented by the prosecutors at trial showing the video of the chokehold,2 males helpers and Penny's Marine training I can definitely see a hung jury if there's more then one-two holdouts.

I have no problem admitting that I am among those who greatly appreciate what Penny did. I wouldn't call him a savior, but I'd call him courageous for sure. I can't answer for why he didn't let go sooner than he did. I guess it's possible in the heat of the moment he wasn't sure if Neely would start acting up again so he just held on a bit longer - for the same reason he subdued him in the first place.

jmo

 

[IceIce9]

I have no problem admitting that I am among those who greatly appreciate what Penny did. I wouldn't call him a savior, but I'd call him courageous for sure. I can't answer for why he didn't let go sooner than he did. I guess it's possible in the heat of the moment he wasn't sure if Neely would start acting up again so he just held on a bit longer - for the same reason he subdued him in the first place.

jmo

MOO but I think anyone who has ever felt threatened by an aggressive homeless person would appreciate Daniel Penny.

Homeless people have attacked and injured innocent pedestrians and subway passengers. Even Jordan Neely had assaulted people in the past.

A New York City police spokesperson told Newsweek that Neely's record has 42 prior arrests, dating between 2013 and 2021. They include four for alleged assault, while others involved accusations of transit fraud and criminal trespass. At the time of his death, Neely had one active warrant for an alleged assault in connection with a 2021 incident.

Jordan Neely's arrest record examined as outrage grows over subway death

Neely, 30, died after he was restrained by other riders on a Manhattan subway, including one who put him in a chokehold for several minutes.

www.newsweek.com