Marine veteran charged in subway chokehold death set to stand trial

NEW YORK — To some New Yorkers, he’s the white vigilante who choked an harmless Black man to loss of life on the subway. To others, he’s the U.S. Marine Corps veteran whose try and subdue a mentally ailing man led to tragedy.

A Manhattan jury will quickly have its say on Daniel Penny, who’s charged with manslaughter for putting Jordan Neely in a deadly chokehold on Might 1, 2023. Jury choice in Penny’s trial begins Monday.

The court docket proceedings, that are anticipated to final six weeks, will make clear a killing that was a flashpoint within the nation’s debate over racial injustice and crime.

Neely’s loss of life additionally divided a metropolis grappling with what to do about individuals experiencing psychological well being crises in a transit system the place some subway straphangers nonetheless don’t really feel secure, regardless of a drop in violent crime charges.

“There’s merely no cause for Jordan Neeley to be lifeless in the present day,” David Giffen, government director of the Coalition for the Homeless, instructed The Related Press on Wednesday. “So many techniques failed Jordan and contributed to his loss of life.”

Penny, 25, has been free on a $100,000 bond. He faces as much as 15 years in jail if convicted of second-degree manslaughter and as much as 4 years if convicted of criminally negligent murder.

Witnesses mentioned Neely — a 30-year-old former Michael Jackson avenue impersonator fighting drug dependancy, psychological sickness and homelessness — had been shouting, throwing issues and appearing erratically on a subway practice in Manhattan when Penny approached him.

With the assistance of two different passengers, Penny pinned Neely to the bottom and positioned him in a chokehold for greater than three minutes till Neely’s physique went limp and he misplaced consciousness. The medical expert’s workplace dominated the loss of life a murder attributable to compression of the neck.

The encounter sparked practically two weeks of protests earlier than Manhattan District Legal professional Alvin Bragg’s workplace introduced an indictment.

In the meantime, thousands and thousands of {dollars} in donations poured in from throughout the nation to assist Penny cowl his authorized prices, together with from distinguished conservative personalities and Republican candidates for president.

Penny’s attorneys have argued that the Lengthy Island native didn’t intend to kill Neely, simply to carry him down lengthy sufficient for police to reach, as he was involved for the security of others.

“If Danny is convicted, his conviction may have a chilling impact on each New Yorker’s proper and responsibility to face up for one another,” Penny’s lawyer Steven Raiser mentioned Wednesday. “Our sincerest hope is that New Yorkers chosen for this jury will arise for Danny similar to Danny stood up for them again on that practice over a 12 months in the past in the present day.”

Penny, who served 4 years within the Marines earlier than being discharged in 2021, claimed that Neely shouted “I’m gonna’ kill you” and that he was “able to die” or go to jail for all times.

However Neely’s household and supporters have mentioned he was merely crying out for assist. They mentioned his psychological well being deteriorated after his mom’s physique was discovered stuffed in a suitcase within the Bronx and he testified at her boyfriend’s homicide trial.

Some witnesses, together with a contract journalist who captured video of a few of the altercation, additionally mentioned Neely had been appearing aggressively and scary individuals however hadn’t attacked anybody earlier than Penny pulled him to the ground.

Neely’s surviving members of the family say they’ve been anticipating this second and intend to attend the trial.

“I simply need to look into his face and surprise why he would do one thing like that,” mentioned Mildred Mahazu, Neely’s 85-year-old aunt and first caretaker after his mom died. “Jordan was any individual’s baby. He was beloved by his household.”

Neely’s uncle, Christopher Neely, agreed.

“Justice for Jordan is all we take into consideration,” the 45-year-old Manhattan resident mentioned. “We will’t let Jordan’s title be added to the checklist of Black individuals killed by a racist white individual with no justice.”

Prosecutors argued in court docket filings that Penny’s actions have been unwarranted, reckless and negligent, even when he didn’t have the intention to kill.

They’ve centered on recorded statements Penny made to police during which he describes Neely as a “crackhead,” touts his armed forces expertise and demonstrates to officers the submission approach he used.

“I simply put him out. I simply put him in a chokehold,” Penny mentioned, in accordance with a transcript of the recordings included in court docket filings. “He was threatening all people.”

“I’m not making an attempt to kill the man,” Penny mentioned at one other level to police. “I’m simply making an attempt to deescalate the scenario.”

Bragg’s workplace declined to remark past what its mentioned in court docket filings. Prosecutors, in pretrial hearings, sought to exclude proof about Neely’s medical and psychological historical past, together with his report of substance abuse. The choose hadn’t launched his ruling on that request as of Friday.

Raiser mentioned Penny’s protection will provide up different potential causes for Neely’s loss of life, together with excessive ranges of the artificial cannabinoid referred to as K2 that have been recognized in toxicology stories.

They’ll additionally argue that video shared broadly on social media proves Penny was not making use of strain constantly sufficient to render Neely unconscious, a lot much less kill him, he mentioned.

“If he was making use of that type of strain, Mr. Neely would have been rendered unconscious lengthy earlier than the video, circulating on-line, ever began,” Raiser mentioned.

In January, Penny’s attorneys misplaced their bid to have the case dismissed outright. Then earlier this month, Choose Maxwell Wiley rejected their request to stop jurors from listening to Penny’s statements to police, in addition to physique digital camera footage from officers who initially responded.

Penny’s attorneys argued that police ought to have learn Penny his Miranda rights sooner and that his questioning on the police station amounted to an unlawful arrest.

However Wiley, in a written ruling, decided that Penny’s statements have been admissible. The choose mentioned Penny had waived his rights towards self-incrimination within the interrogation room and willingly spoke to officers with out a lawyer current.

As for Christopher Neely, he hopes what’s not misplaced within the trial is the reminiscence of his late nephew.

“I would like individuals to recollect his strengths and his conquests to greatness and his conquering of fears,” he wrote. “I would like individuals to do not forget that psychological well being is a critical difficulty and that it wants tenderness, not spontaneous rage. Most significantly, I would like individuals to know that Jordan Neely was supremely beloved and nonetheless is.”