The Daniel Penny trial officially got underway Monday as the court looked to select jurors to oversee the infamous 2023 train ride chokehold death of Jordan Neely.
Penny is accused of taking Neely’s life during an incident on board a Lower Manhattan F train in May 2023. Neely’s death sparked mass protests in May after his death was caught on camera, and the footage quickly went viral on social media. Penny’s defense team alleges that Neely — who was known to dress as Michael Jackson and busk in the transit system — was threatening strangers, prompting Penny to step in and act in self-defense.
While prospective jurors are being quizzed, both the prosecution and the legal defense are plotting their paths forward. Penny’s legal team told journalists that they believe their client will be found innocent despite facing second-degree manslaughter and negligent charges. The lawyers called Neely’s death a tragedy but also argued that he was under the influence of a mental health crisis and drugs that made him a potential danger to subway riders.
The jury selection, which may not be fully completed until Friday, is based on various factors, including each individual’s familiarity with the case.
Outside the court at 100 Centre St., protesters led by Black Lives Matter of Greater New York co-founder Hawk Newsome picketed and demanded “justice for Jordan Neely, with some demonstrators having already passed their judgment on Penny.
“He [Neely] was experiencing a crisis of hunger and homelessness,” protester Christian Joseph said. “The facts in this trial for the jury are simple. The only person on that train in Manhattan that became violent was Daniel Penny. He initiated violence. Daniel Penny, an ex-US Marine soldier, jumped on Jordan Neely and put him in a chokehold that ended his life.”
One of Penny’s lawyers said that they have “ample evidence” supporting their client’s claim that Neely posed a safety threat to riders which compelled Penny into action.
“The paranoid schizophrenia, the psychotic episodes that he had a history of, the k2 use, and how that affects someone, particularly how it affects someone and how he intersects with someone who has that sort of psychotic condition. And of course, his behavior on the subway train — that’s what’s relevant in this case,” attorney Thomas Kenniff. “There is going to be ample evidence.”
Kenniff, who was joined by fellow legal counsel Steven Raiser, said they are zeroed in on the selection process.
“This is the part where we get to pick a jury of people that are going to be fair and impartial and give Danny the trial that he deserves,” Raiser said.
While those in Penny’s defense claim that the Marine acted in defense of himself and other riders, the prosecution says his actions became criminal when he refused to relinquish the chokehold.
Meanwhile, Neely family attorney Donte Mills — accompanied by Andre Zachery, Neely’s father — beleives that the jury will end up finding Penny culpable for his death.
“This is going to be, and it is a very simple case. It’s easy for the jury to deliberate on. The fact of the case is this, someone got on the train and was screaming, and someone choked that person to death. Those things will never balance out. And there’s no justification that can make those things balance out,” Mills declared. “Zachary, Mr. Jordan’s father, when you ask him how he feels, he feels hurt.”
The trial is expected to last about six weeks.
