Daniel Penny Faces Freedom or 15 Years as Jury Deliberates Verdict in NY Subway Chokehold Incident

The trial of Daniel Penny, a former Marine charged with manslaughter and criminally negligent homicide, has reached its final stages.

Manhattan prosecutors presented their closing arguments Monday, asserting that Penny’s actions aboard a New York City subway were reckless and led to the death of Jordan Neely.

The incident occurred on May 1, 2023, when Neely, 30, reportedly began threatening passengers on the F train.

Prosecutor Dafna Yoran told the jury, “He didn’t recognize that Jordan Neely was a person.”

Yoran highlighted Penny’s statements during a police interrogation, where he described Neely as a “crackhead” and mentioned fears of subway crimes, including people being pushed onto tracks.

She argued that this language demonstrated a disregard for Neely’s life.

Defense Asserts Penny Acted to Protect Passengers

In response, Penny’s defense team emphasized that he acted in self-defense and in defense of others.

His attorney, Steven Raiser, argued that the city’s failure to address public safety left passengers vulnerable.

“The government wasn’t there. The police weren’t there. Danny was,” Raiser told the jury.

Raiser detailed Neely’s erratic behavior, including shouting death threats and declaring he didn’t care if he died or went to jail.

Witnesses described feeling terrified as Neely, described as tall and muscular, stormed onto the train.

“Everyone was frozen with fear,” Raiser said, highlighting that multiple female passengers testified about their fear during the incident.

The defense also argued that Penny used a less aggressive version of a Marine Corps restraint technique.

“He didn’t intend to kill Neely,” Raiser said.

He explained that Penny adjusted his hold multiple times to prevent serious harm, releasing pressure when Neely stopped struggling.

Cause of Death Under Scrutiny

A critical element of the trial has been the cause of Neely’s death. The New York City medical examiner concluded that the chokehold was the sole cause.

However, the defense introduced testimony from Dr. Satish Chundru, who argued that Neely’s death resulted from a combination of factors, including his use of synthetic drugs, a genetic condition, and the physical exertion from the struggle.

Raiser urged the jury to consider this alternative explanation.

“Danny could not foresee a sickling death,” he said, arguing that Penny’s actions were not the sole cause of Neely’s death.

Prosecutors: Penny Used “Way Too Much Force”

Prosecutors maintained that Penny’s actions went beyond what was necessary to subdue Neely.

Yoran replayed video footage of the incident, emphasizing that bystanders urged Penny to release Neely.

“No one had to die on that subway,” Yoran stated.

She argued that Penny’s prolonged restraint was excessive and unnecessary, claiming that he ignored pleas to release Neely even as the situation de-escalated.

Public Safety and Mental Health at the Forefront

The trial has drawn significant public attention, reigniting debates around public safety and mental health.

Neely, a former Michael Jackson impersonator, had a history of severe mental illness and substance abuse.

At the time of the incident, he had an active arrest warrant and a history of violent behavior.

The defense painted Neely as a man failed by the system, while prosecutors argued that Penny acted recklessly, leading to an avoidable tragedy.

Both sides have called on the jury to consider these broader implications.

Jury Deliberations Continue

The jury is now tasked with determining Penny’s fate. If convicted of the top charge of manslaughter, Penny could face up to 15 years in prison.

Deliberations will resume Wednesday if no verdict is reached Tuesday.

The case has become a flashpoint in the ongoing conversation about public safety and the responsibilities of individuals in high-pressure situations.

Also Read: Hunter Biden’s Pardon and Its Big Political Fallout: How Trump Could Leverage Clemency Power in His Second Term