Jury choice begins Monday within the trial of Daniel Penny, a retired Marine charged within the lethal subway chokehold of Jordan Neely.
Penny has pleaded not responsible to second-degree manslaughter and criminally negligent murder within the loss of life of Neely, a former Michael Jackson impersonator who was shouting and begging for cash on a Manhattan practice final May.
To get a manslaughter conviction, which carries a jail sentence of as much as 15 years, prosecutors must show Penny recklessly brought about Neely’s loss of life whereas being conscious of the chance of significant hurt.
A conviction for criminally negligent murder would require the jury to search out that Penny unjustifiably put Neely liable to loss of life, however did not understand that danger. The most penalty could be 4 years in jail.
The chokehold loss of life, which was caught on bystander video, prompted fierce debate in 2023, with some praising Penny as Samaritan whereas others accused him of racist vigilantism. Penny is white and Neely was Black.
Neely misplaced consciousness in the course of the battle. Family members and their supporters have stated Neely, who struggled with psychological sickness and homelessness, was crying out for assist and was met with violence.
Penny suffered a authorized setback earlier this month when a Manhattan choose denied his request to dam jurors from listening to some proof within the case, together with video of Penny’s interview within the police stationhouse the day that Neely died, in addition to totally different angles of physique digicam footage from police.
The protection didn’t need the jury to have the ability to see movies, however the choose dominated that he’ll allowed it.
“I’m not attempting to kill the man, I’m attempting to deescalate the state of affairs,” the 24-year-old Penny may very well be heard saying in the course of the interrogation by police.
When requested what made him get entangled, Penny responded, “He was threatening folks… there have been girls and youngsters on the practice.”
In one of many movies, Penny was seen telling an officer “I simply put him out.”
Witness video from the day of the incident reveals Penny, a Long Island native and Marine veteran, restraining Neely. Prosecutors have stated the chokehold, which Penny held for a number of minutes, killed Neely, a 30-year-old homeless man and former Michael Jackson impersonator.
Body digicam footage confirmed Neely laying on the floor. Officers may very well be seen saying he had a faint pulse, after which proven giving him CPR about 4 minutes after they arrived. Witnesses have been additionally seen speaking to police.
Body digicam footage confirmed Neely laying on the floor. Officers may very well be seen saying he had a faint pulse, after which proven giving him CPR about 4 minutes after they arrived. Witnesses have been additionally seen speaking to police.
The case went on to seize headlines nationwide. Penny was charged with second-degree manslaughter and criminally negligent murder. The trial for Penny is slated to start later in October.
Also proven was the second contained in the police station when Penny described what he stated occurred, saying the door on the northbound F practice closed, Neely threw his jacket after which yelled, “I’m going to kill everybody and I don’t care if I’m going to jail without end.”
During his interrogation, Penny stood as much as present the officers how he held his arm towards Neely, then used his leg to drop him to the bottom.
“I used to be not attempting to injure him, I used to be attempting to maintain him from hurting anybody else. That’s what we be taught within the Marine Corps,” he later informed officers.
The choose discovered Penny’s statements have been voluntarily and that officers didn’t violate his Miranda rights, which he had waived within the interrogation room.
Penny served within the Marines for 4 years and was discharged in 2021.
The protection stated not one of the interplay between Penny and cops ought to go to the jury as a result of it was proof from an unlawful arrest. Penny’s attorneys preserve that the officers ought to have learn Penny his rights sooner.