Jury selection begins for trial of man charged in N.Y.C. subway death

Jury selection begins for trial of man charged in New York City subway chokehold death

Daniel Penny, right, departs Manhattan Criminal Court in New York.

By Philip Marcelo

Oct. 21, 2024 11:57 AM PT

NEW YORK — Jury selection began Monday in the criminal trial of a man charged with manslaughter for placing a former street performer in a deadly chokehold on a New York City subway train last year.

Daniel Penny, 25, is accused of “recklessly causing the death” of 30-year-old Jordan Neely. Witnesses say Neely was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.

Neither Penny nor his lawyers commented as they arrived at court Monday. He has pleaded not guilty in the case, which sparked debate and division locally and across the country.

After Neely’s death, protesters took to the streets to demand that authorities arrest Penny — who is white; Neely was Black — while others rallied in support outside the courthouse once he was charged. The case also became a cause celebre among Republican presidential hopefuls.

Penny, who served four years in the Marines before being discharged in 2021, has been free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.

More than 80 potential jurors were brought into court Monday morning for a first round of screening focused on whether they have work or family obligations that could keep them from serving on a trial that’s expected to continue into December.

Penny, when prompted by the judge during his introductory remarks, briefly stood, turned to the courtroom gallery and waved to prospective jurors. Otherwise, he sat mostly still, facing the judge in his blue suit as jurors were called up individually to the bench explain to the judge and lawyers their potential scheduling issues.

It will likely be days before prospective jurors are questioned about any beliefs, personal connections or life experiences that could affect their ability to serve fairly and impartially.

The selection process and potential two-week timeframe aren’t uncommon in lengthy Manhattan trials.

Witnesses to the incident said Neely — who had struggled with drug addiction, mental illness and homelessness — had been shouting and demanding money when Penny approached him.

Penny pinned Neely to the ground with the help of two other passengers, and placed him in a chokehold for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.

Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, “I’m gonna kill you” and that he was “ready to die” or go to jail for life.

Penny’s attorney, Steven Raiser, said the defense plans to offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.

They’ll also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.

Prosecutors, in their court filings, have argued that Penny’s actions were reckless and negligent even if he didn’t intend to kill Neely. Manhattan Dist.Atty. Alvin Bragg’s office declined to comment ahead of the trial.

Neely’s uncle, Christopher Neely, said he and other family members have been anticipating this moment.

“Justice for Jordan is all we think about,” he told the Associated Press last week.

Marcelo writes for the Associated Press. AP writer Jennifer Peltz contributed.