NEW YORK — The trial of Daniel Penny, the Marine veteran charged with the chokehold death of Jordan Neely on a New York City subway, has captured national attention as the jury enters another day of deliberations. After commencing on Tuesday afternoon, the jurors, comprised of seven women and five men, have spent considerable time weighing the charges—manslaughter and criminally negligent homicide—that could result in serious prison time for the defendant.
Penny's legal battle revolves around the events of May 1, 2023, when Neely, who was homeless and struggling with mental health issues, boarded the subway train. Witnesses reported Neely behaving erratically, making alarming threats against the other passengers, claiming he was ready to die, stating he was hungry and thirsty, and expressing desires to go to jail or even to kill. Concern over his erratic behavior escalated, prompting Penny, 26 at the time of the incident, to intervene.
Allegedly, Penny approached Neely from behind, applying what he referred to as “a choke” and holding him down for approximately six minutes until the police arrived. Penny maintains he acted to protect other passengers and didn't mean to cause harm, asserting is actions were justified under the circumstances. The prosecution, on the other hand, argues he used excessive force and failed to adequately assess the risk of his actions, leading to Neely's untimely death.
The jury is faced with determining whether Penny's behavior constituted manslaughter, which requires proving he recklessly caused Neely's death, or if it fell under the category of criminally negligent homicide—implying his actions were blameworthy but not necessarily reckless. The differences between these two legal standards form the crux of the deliberation.
Following about four hours of deliberation on Tuesday, jurors sent back requests for guidance from presiding Judge Maxwell Wiley. They wanted clarification on legal definitions and justification defenses, requesting to rehear the judge’s instructions. The request came just 75 minutes after they began their discussions, indicating the complexity of the case weighed heavily on their minds.
On Wednesday, deliberations continued for at least another five hours cumulative as the jury sought to review multiple video pieces including police body camera footage, Penny’s interrogation, and bystander videos documenting the incident. The inclusion of this video is pivotal, as it could provide insights on Neely's physical state and interactions with Penny during the encounter.
Penny's defense team has emphasized their belief at trial, contending the veteran applied what they termed as “civilian restraint” as opposed to the lethal chokehold they assert he was incorrectly accused of utilizing. They argue their client didn’t intend to incapacitate Neely but only aimed to control him until authorities arrived. Conversely, the prosecution cites medical examiner findings declaring Neely died from compression of the neck, framing the chokehold as lethal and emphasizing the deliberate nature of Penny's actions.
Throughout the trial, the personal histories of both individuals involved have also come under scrutiny. Jordan Neely, 30 at the time of his death, had been known to occasionally entertain subway passengers with Michael Jackson impersonations. Yet, his past was marred by struggles with depression and schizophrenia, compounded by drug use following the violent death of his mother during his teenage years. Conversely, Penny, prior to the incident, was identified as an architecture student with military training.
The case has sparked widespread discourse around public safety, mental health, homelessness, and issues of race as well. Neely was Black, and Penny is white, leading to protests from groups rallying for racial justice outside the courthouse, demanding accountability for Neely's death. This racial element adds another layer of complexity, influencing public perception and discussions on police and legal responses to mental health crises.
New York City Mayor Eric Adams has weighed in on the matter, remarking on the broader systemic failures surrounding mental health, stating, “We have to recognize we have a mental health crisis and we're not doing enough to solve it.” His comments come amid calls for improvements to the city’s mental health services and reflections on the tragic circumstances leading to the confrontation between Penny and Neely.
At the trial’s forefront, legal definitions and interpretations of the actions taken during the subway incident remain pivotal. If Penny is found guilty of manslaughter, he could face up to 15 years behind bars; should he be convicted of the lesser charge of criminally negligent homicide, he could face up to four years. Jurors are deliberative about what consequences, if any, should follow from the tragic confrontation.
The focus turns back as jurors continue to sift through the various pieces of evidence presented and explore whether Penny’s actions constituted acceptable self-defense or crossed the line. How they reconcile the intentions behind Penny's actions against the tragic result of Neely’s death will be integral to the verdict they will eventually deliver.
With strong opinions on all sides, the courtroom remains charged with emotion, reflecting the case's heavy societal ramifications and the enduring scrutiny of public reactions to those living with mental health issues. The deliberations continue as the jury approaches the difficult task of rendering justice within the frameworks of their legal system.
