Jury selection begins Monday in the trial of Daniel Penny, a retired Marine charged in the deadly subway chokehold of Jordan Neely.
Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Neely, a former Michael Jackson impersonator who was shouting and begging for money on a Manhattan train last May.
To get a manslaughter conviction, which carries a prison sentence of up to 15 years, prosecutors would have to prove Penny recklessly caused Neely's death while being aware of the risk of serious harm.
A conviction for criminally negligent homicide would require the jury to find that Penny unjustifiably put Neely at risk of death, but failed to perceive that risk. The maximum penalty would be four years in prison.
The chokehold death, which was caught on bystander video, prompted fierce debate in 2023, with some praising Penny as a good Samaritan while others accused him of racist vigilantism. Penny is white and Neely was Black.
Neely lost consciousness during the struggle. Family members and their supporters have said Neely, who struggled with mental illness and homelessness, was crying out for help and was met with violence.
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Penny suffered a legal setback earlier this month when a Manhattan judge denied his request to block jurors from hearing some evidence in the case, including video of Penny's interview in the police stationhouse the day that Neely died, as well as different angles of body camera footage from police.
The defense did not want the jury to be able to see videos, but the judge ruled that he will allowed it.
"I'm not trying to kill the guy, I’m trying to deescalate the situation," the 24-year-old Penny could be heard saying during the interrogation by police.
When asked what made him get involved, Penny responded, "He was threatening people… there were women and children on the train."
In one of the videos, Penny was seen telling an officer "I just put him out."
Witness video from the day of the incident shows Penny, a Long Island native and Marine veteran, restraining Neely. Prosecutors have said the chokehold, which Penny held for several minutes, killed Neely, a 30-year-old homeless man and former Michael Jackson impersonator.
Body camera footage showed Neely laying on the ground. Officers could be seen saying he had a faint pulse, and then shown giving him CPR about four minutes after they arrived. Witnesses were also seen talking to police.
Body camera footage showed Neely laying on the ground. Officers could be seen saying he had a faint pulse, and then shown giving him CPR about four minutes after they arrived. Witnesses were also seen talking to police.
The case went on to capture headlines nationwide. Penny was charged with second-degree manslaughter and criminally negligent homicide. The trial for Penny is slated to begin later in October.
Also shown was the moment inside the police station when Penny described what he said happened, saying the door on the northbound F train closed, Neely threw his jacket and then yelled, "I'm going to kill everyone and I don't care if I go to jail forever."
During his interrogation, Penny stood up to show the officers how he held his arm against Neely, then used his leg to drop him to the ground.
"I was not trying to injure him, I was trying to keep him from hurting anyone else. That's what we learn in the Marine Corps," he later told officers.
The judge found Penny's statements were voluntarily and that officers did not violate his Miranda rights, which he had waived in the interrogation room.
Penny served in the Marines for four years and was discharged in 2021.
The defense said none of the interaction between Penny and cops should go to the jury because it was evidence from an illegal arrest. Penny's attorneys maintain that the officers should have read Penny his rights sooner.
