More than $3 million has been raised to fund a Navy veteran’s legal battle after he was accused of killing a homeless man by strangling him on a New York City subway train.
Daniel Penny arrived in court Thursday ahead of his successful trial defending charges of involuntary manslaughter and negligent homicide.
The 25-year-old was charged for his role in the May 2023 death of Jordan Neely, a homeless Michael Jackson impersonator with mental health issues.
Neely behaved erratically on the subway, yelling and threatening people, while passengers around him feared for his safety.
Penny, then 24, intervened and threw Neely to the ground, holding him by the neck for six minutes. He claims he was simply trying to subdue him for the safety of others on the train.
On Thursday, ahead of her jury trial this month, Penny appeared in Manhattan Supreme Court. for a pretrial hearing.
A Navy veteran accused of killing a homeless man by strangling him for six minutes has arrived in court.
Penny held Neely in a chokehold on the floor of the subway car while others helped on May 1, 2023.
Both sides are expected to present evidence during today’s hearing in an effort to determine what will be presented at trial next week.
The case shocked the United States and has divided the public.
Some agree that Penny acted heroically in that moment, while others say it was a blatantly excessive display of force toward a homeless, mentally ill black man.
Supporters have rallied behind Penny and supported a fundraiser in his name.
When he returned to court Thursday, new donations began to arrive. One donor said Penny “would have been considered a good Samaritan in yesteryear.”
As of Thursday, the campaign has raised $3.098 million for Penny’s legal fees.
Body camera footage from the day of the incident was played in court, in which Penny told officers that Neely was ranting on the train saying he was “ready to go to prison for life.”
“He’s like… I’m ready to die… I think I might have strangled him, left him on the ground. We just went to the ground. He was trying to make out. I had it pretty good. I was in the Marines.
Penny’s legal team would like those comments suppressed at trial.
The defense is expected to address Neely’s prior history of committing crimes on public transportation, along with his history of mental illness.
They say Penny was acting in self-defense and trying to protect those around him in a selfless act.
But prosecutors repeatedly rejected those claims, arguing that Penny demonstrated excessive force and should have known his actions could be fatal, given his experience in the Navy.
They also argue that Neely’s background and mental health battles are irrelevant to the case.
Daniel Penny faces charges of involuntary manslaughter and negligent homicide following the May 2023 death of Jordan Neely, a homeless Michael Jackson impersonator with mental health issues.
On Thursday, ahead of her jury trial next week, Penny appeared in Manhattan Supreme Court for a pretrial hearing.
Neely had an extensive history of crimes on the subway, including brutal assaults on other passengers.
In 2021, he attacked an elderly woman as she left the Bowery station in the East Village. He suffered a broken nose, a fractured orbital bone and “substantial bruising, swelling and pain to the back of his head.”
He admitted to felony assault on Feb. 9 in exchange for a 15-month alternative to incarceration program, according to the Manhattan District Attorney’s Office.
He was supposed to stay in a treatment center and stay sober.
Between January 2020 and August 2021, he was arrested for public lewdness after pulling down his pants and exposing himself to a woman, misdemeanor battery for hitting a woman in the face, and criminal contempt for violating a restraining order.
All three cases were dismissed as part of a settlement.
In June 2019, Neely assaulted Filemón Castillo Baltazar, 68, on the platform of the W. 4th St. station in Greenwich Village, court records show.
A month earlier, Neely punched a man in the face and broke his nose on the Broadway-Lafayette platform, the same subway station where he died.
Neely was a well-known Michael Jackson impersonator in Times Square (pictured in 2009).
Assistant District Attorney Joshua Steinglass He said the F train they were riding arrived at the Broadway-Lafayette station and the door opened less than 30 seconds after the chokehold began.
“Passengers who were afraid of being trapped on the train were now able to get off the train,” Steinglass said.
“The defendant continued to hold Mr. Neely by the neck.”
Steinglass said second-degree murder only requires prosecutors to prove Penny acted recklessly, not intentionally.
