During the trial of Daniel Penny, a Marine veteran, defense attorneys argued before the judge on Monday that their client was trying to prevent an attempted robbery when he put Jordan Neely, a homeless Michael Jackson impersonator, in a fatal chokehold on a New York subway last year via NYSun.
This specific argument aimed to sway the judge’s instructions to the jury, who were not present at the time. The defense hopes that by demonstrating that Mr. Penny was trying to thwart a robbery when he subdued Neely, it could make his actions appear more justifiable under New York law, compared to simply acting in response to a perceived threat of violence from Neely.
On Monday, Judge Maxwell Wiley, who is overseeing the high-profile case, asked both parties if they had any specific instructions they would like him to provide to the jury before they begin deliberations next week. The defense and the prosecution have both rested their cases. After the closing arguments, which will start next Monday, December 2, the jury will deliberate on a verdict for Mr. Penny.
Before the twelve jurors retire to their deliberation room, the judge will instruct them on how to interpret the law, the testimonies they have heard, and the evidence they have seen and read. Mr. Penny, 26, hails from West Islip on Long Island but was living in downtown Manhattan at the time of the incident. He is charged with second-degree manslaughter and negligent homicide in the death of Neely.
If convicted, he faces a maximum sentence of 19 years in prison. He has pleaded not guilty. The defense argues that he did not intend to kill Neely but was trying to protect himself and fellow subway riders from an unpredictable and menacing aggressor.
Neely, a 30-year old street performer was homeless at the time and had a long history of drug use and mental illness, boarded a subway in lower Manhattan, threw his jacket on the ground, and immediately began shouting at passengers that he was thirsty, hungry, ready to go prison and ready to die. Though Neely did not physically attack anyone and did not carry a weapon, the tone of his voice, according to witnesses, was extremely menacing. So much so that one witness testified that she feared for her life.
Mr. Penny grabbed Neely from behind, put him in a chokehold, and brought him to the ground, holding him on the floor of the subway car for approximately six minutes, according to a video recording of the incident. Two other men assisted Mr. Penny in restraining Neely.
The video also shows how Mr. Penny wrapped his legs around Neely’s legs to secure him. Eventually, Neely’s body goes limp as the two men remain entangled on the floor of the subway car. When officers arrived at the scene, Neely was unresponsive except for a faint pulse. He was pronounced dead at the hospital about an hour later.
Manhattan District Attorney Alvin Bragg, whose office is prosecuting the case, accuses Mr. Penny of using excessive force and recklessly causing Neely’s death by maintaining the chokehold for too long. This is especially concerning given that Mr. Penny had trained as a Marine for four years, which should have made him aware of the potentially deadly consequences of such actions.
