Marine Veteran Faces Charges in Subway Chokehold Case
In a case that has captivated New York, defense and prosecution presented closing arguments for the trial of Daniel Penny, a Marine veteran accused of causing the death of Jordan Neely, a homeless man, in a New York subway. The incident, which escalated following Neely’s outburst, has sparked intense debate on public safety and race relations.
Prosecutors argue that Penny’s response to Neely’s behavior was excessively forceful and reckless, even as the defense maintains that Penny acted in defense of fellow passengers. The jury heard from both sides as they deliberated charges of manslaughter and criminally negligent homicide against Penny, who has pleaded not guilty.
The prosecution acknowledged that some physical intervention was justified when Neely, an unarmed man, shouted threateningly on the crowded train. However, they asserted that Penny went too far. “You obviously cannot kill someone because they are crazy and ranting and looking menacing,” stated Manhattan Assistant District Attorney Dafna Yoran.
Defense attorney Steven Raiser urged jurors to consider the fear experienced by passengers in the confined space. He argued that Penny “put his life on the line” to protect strangers from Neely, who was “filled with rage and not afraid of any consequences.”
Neely’s death has not only become a legal matter but also a cultural flashpoint. While some view Penny as a protector, others see him as acting with racial bias against Neely, a Black man. The case has resulted in both protests condemning Penny’s actions and rallies supporting him.
Neely, known for his Michael Jackson impersonations, had struggled with mental health issues and substance abuse following his mother’s violent death. His criminal history included assault convictions.
Throughout the trial, an anonymous jury listened to testimonies from subway passengers, police officers, and experts, including a Marine Corps instructor who taught Penny chokehold techniques. Despite the gravity of the situation, Penny chose not to testify himself.
Footage recorded by bystanders and police body cameras was presented, showing Penny explaining his actions and demonstrating the chokehold used on Neely. Penny reportedly told detectives, “I’m not trying to kill the guy.”
Witnesses had varied accounts of Neely’s behavior, with some passengers expressing relief when Penny intervened. However, city medical examiners determined the chokehold was the cause of Neely’s death, a conclusion contested by a pathologist hired by the defense.
Prosecutors highlighted that Penny maintained the chokehold even after the train stopped and bystanders urged him to release Neely, who had ceased struggling. “Penny wanted to protect people,” Yoran said, “but he just didn’t realize that Jordan Neely, too, was a person whose life needed to be preserved.”
The defense argued that the restraint was meant to hold Neely until police arrived and was not a “textbook chokehold.” Raiser emphasized, “The police weren’t there when the people on that train needed help. Danny was.”
As the trial draws to a close, jurors will soon receive their instructions and begin deliberations to reach a verdict in this high-profile case.
© Copyright 2024 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
