A white former Marine accused of fatally strangling a black homeless man on the New York City subway will face trial in Manhattan this week.
Jury selection will begin in the case of Daniel Penny, who restrained Michael Jackson impersonator Jordan Neely after witnesses said he began acting erratically on a train on May 1, 2023.
Penny, 25, is charged with second-degree murder for allegedly “recklessly causing the death” of Neely, then 30, by strangling him for six minutes.
The Manhattan court proceedings, expected to last six weeks, will once again shine a spotlight on a case that sparked debate and division across the country after footage of the incident went viral.
Anti-racist protesters gathered outside the downtown courthouse Monday, along with others who rallied in support of Penny, saying she saved Neely’s travelers.
Jury selection to begin in case of former Marine Daniel Penny (pictured Monday)
Pictured: Daniel Penny arrives at Manhattan Criminal Court in New York City on October 21.
Anti-racism protesters gathered outside the downtown courthouse on Monday.
Other protesters outside the courthouse rallied in support of Penny, who they say saved commuters from Neely’s erratic behavior by restraining him in the subway car.
Anti-racism protest flyers accuse Penny, who is on trial for involuntary manslaughter, of “murdering” Neely.
The poster describes Penny as a “white racist vigilante ex-Marine” who “killed” Neely, a “homeless black performance artist” who was “begging for food.”
The organizers designed the sign to look like a subway notice while also referring to the F line, which was where the incident took place.
Protesters held signs that read “Rest in Power Jordan Neely” and “Abolish the police,” while counterprotesters wrote, “NYC stands with Daniel Penny.”
Penny, who served four years in the Marine Corps before being discharged in 2021, has been free on $100,000 bond.
He faces up to 15 years in prison if convicted of second-degree murder and up to four years if convicted of criminally negligent homicide.
Witnesses to the incident said Neely, who struggled with addiction and mental illness, had been yelling and demanding money when Penny approached him.
Penny pinned Neely to the ground with the help of two other passengers and strangled him for more than three minutes until Neely’s body went limp.
Pictured: A woman holds a funeral order for Jordan Neely before Daniel Penny arrives at Manhattan Criminal Court in New York City on October 21.
Protesters showed up at Manhattan Criminal Court ahead of Penny’s trial on Monday.
Penny’s trial begins in Manhattan Criminal Court in New York on Monday, October 21, 2024.
Penny, 25, is charged with second-degree murder for allegedly “recklessly causing the death” of Neely, then 30, by strangling him for six minutes.
The medical examiner ruled the death a homicide caused by neck compression.
Penny’s attorneys have argued that the Long Island native did not intend to kill Neely, only to hold him down long enough for police to arrive.
The former Marine claimed that Neely yelled, “I’m going to kill you” and that he was “ready to die” or go to prison for life.
Penny’s attorney, Steven Raiser, said the defense plans to offer other potential causes of Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in her body.
They will also argue that the video shared widely on social media demonstrates that Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Prosecutors, in their court papers, have argued that Penny’s actions were reckless and negligent even if she had no intention of killing Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment before the trial.
Neely’s uncle, Christopher Neely, said he and other family members were anticipating this moment.
“The only thing we think about is justice for Jordan,” he said last week.
The Manhattan court proceedings, expected to last six weeks, will once again shine a spotlight on a case that sparked debate and division across the country after footage of the incident went viral. (Pictured: Jordan Neely, Michael Jackson impersonator)
