Daniel Penny returned to a Manhattan courthouse this morning for opening statements in his manslaughter trial for the death of Jordan Neely, an erratic homeless man he placed in a chokehold during an outburst on the subway.
Outside, protesters held signs and a megaphone and blasted Penny’s actions as “illegal,” although his defense has argued his actions were entirely justified under the law because of threats Neely shouted out loud on the subway car.
Video of the incident shows other passengers helped Penny restrain Neely, who later died. The trial kicks off after more than a week of jury selection.
PROTESTERS ACCUSE MARINE VET OF WHITE SUPREMACY AS JURY SELECTION BEGINS IN SUBWAY VIGILANTE CASE
Daniel Penny arrives for opening arguments in his trial at Manhattan Criminal Court in New York City on November 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)
Penny remained at the scene until police arrived. Neely was still breathing when he let him go.
There were women and children on the train, and Penny told detectives he perceived a threat, according to testimony from pretrial hearings.
When Neely walked into him, he said, he put him in a chokehold.
“I’m not trying to kill the guy,” he told detectives. “I’m just trying to de-escalate the situation.”
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
Penny is a 25-year-old Marine Corps veteran and college student.
Neely was a 30-year-old homeless man and former Michael Jackson impersonator with a history of mental illness and criminality, including a prior charge for assaulting a 67-year-old New York City woman in 2021.
This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. Daniel Penny, 24, a U.S. Marine veteran who used a fatal chokehold on agitated New York City subway passenger Jordan Neely, was freed from custody hours after surrendering to face a manslaughter charge filed nearly two weeks after the encounter. (Courtesy Mills & Edwards, LLP via AP)
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Penny faces up to 19 years in prison if convicted.
