Jury selection is set to begin in the trial of Daniel Penny, a former U.S. Marine charged with manslaughter in the death of Jordan Neely, after a confrontation on a New York City subway in May 2023.
Penny, 25, is accused of "recklessly causing the death" of Neely, a 30-year-old former street performer, by placing him in a deadly chokehold after Neely allegedly acted erratically on the train.
The trial, taking place in Manhattan, is expected to last six weeks and has reignited conversations on race, public safety, and mental health.
Neely, who was Black, had a history of homelessness, drug addiction, and mental illness. His death sparked widespread protests, with some calling for Penny's immediate arrest. Meanwhile, Penny, who is white, found himself backed by supporters, including some political figures, once charges were filed.
The case has become a focal point for various groups, including Republican presidential candidates who have weighed in on the issues it raises.
Penny, who was discharged from the Marines in 2021, is free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter, and up to four years if convicted of criminally negligent homicide.
Witnesses said that on the day of the incident, Neely had been shouting and demanding money before Penny, with the help of two other passengers, moved to restrain him. Penny held Neely in a chokehold for over three minutes until Neely became unresponsive. The medical examiner ruled that Neely's death was a homicide, citing neck compression as the cause.
Penny's defense attorneys argue that he did not intend to kill Neely, only to restrain him until police arrived.
Penny has stated that Neely had shouted threats, including, "I'm gonna' kill you," and that he was "ready to die" or spend his life in jail. His attorney, Steven Raiser, has indicated that the defense will present alternative explanations for Neely's death, such as the presence of synthetic cannabinoids, specifically K2, in his system.
Additionally, they plan to use video evidence to argue that Penny's chokehold wasn't consistent enough to render Neely unconscious, let alone cause his death.
On the prosecution's side, Manhattan District Attorney Alvin Bragg's office contends that Penny's actions were both reckless and negligent, regardless of his intentions. Ahead of the trial, the DA's office declined to comment.
Neely's family, particularly his uncle Christopher Neely, have been closely watching the case. "Justice for Jordan is all we think about," he said, underscoring the emotional weight of the trial for those closest to Neely.
This article includes reporting from The Associated Press
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