Daniel Penny faces trial for strangling Jordan Neely in New York subway

Daniel Penny, a 25-year-old former U.S. Marine, will appear in court in New York to face charges of second-degree manslaughter and negligent homicide for the death of Jordan Neely, a 30-year-old homeless man, during an incident on the New York City subway in May 2023.

Penny has pleaded not guilty and maintains that he acted in self-defense. If convicted, he could face up to 15 years in prison.

Penny claims he acted in self-defense 

The case has generated widespread controversy since it occurred, stoking political and social debates. Witnesses testified that Neely, who was black and homeless, was shouting and asking passengers on the train for money when Penny held him down in a chokehold that lasted several minutes. The incident was caught on videotape by several witnesses, which has fueled public discussion about Penny's response and his justification of self-defense.

In Penny's statements: "A man came stumbling up Second Avenue, he appeared to be on drugs."

"It was a scary situation," the former Marine admitted. "“There’s a common misconception that Marines don’t get scared. We’re actually taught one of our core values is courage, and courage is not the absence of fear but how you handle fear." He went on to explain that he feared for himself, but also for the other passengers, including women and children, "I just couldn’t sit still."

Before jury selection began Monday, about 40 people gathered outside the courthouse to protest Neely's death. Prosecutors allege that Penny held Neely in a chokehold for about six minutes, continuing even after Neely had stopped moving. Emergency services attempted to revive him, but he was pronounced dead at the hospital. The New York City medical examiner concluded that the cause of death was "neck compression," and listed the event as a homicide.

No racist motivation

Neely was an outlaw and a familiar face on the streets of New York, where he was often seen impersonating Michael Jackson in crowded places like Times Square. Although in his adult life he racked up numerous arrests for misdemeanors such as fare evasion, theft and assault, family members explained that Neely suffered from mental health issues that began after the murder of his mother when he was 14 years old. His mother was strangled by her boyfriend, an event that marked a turning point in his life.

Penny refutes many hypotheses about Neely's death. One of them, the version of those who claim that there was a racist motivation behind his action. This, he asserted, is "ridiculous": "I didn’t see a black man threatening passengers, I saw a man threatening passengers, a lot of whom were people of color."

Penny also added that he was even trying to protect Neely and that "I was trying to keep him on the ground until the police came. I was praying that the police would come and take this situation over."