Former Marine Daniel Penny faces 15 years in prison for the suffocation death of a black homeless man who was acting erratically on the New York City subway.
The Long Island native was 24 years old when he had the fatal encounter with troubled former Michael Jackson impersonator Jordan Neely on an F train in Manhattan in May 2023.
His trial for second-degree murder and criminally negligent homicide began in Manhattan on Friday.
Penny and several witnesses said Nelly, 30, had been making deadly threats before taking action, but prosecutors say Penny deserves punishment for using what they say is unnecessary deadly force against a black man.
Former Marine Daniel Penny faces 15 years in prison for the suffocation death of a black homeless man who was acting erratically on the New York subway.
The veteran’s fatal encounter with Neely came as Penny was apparently trying to find himself, after serving four years in the Marine Corps and dropping out of college to study architecture.
Penny wrote on a job search site that she dropped out of college to travel to Central America after being inspired by the novel Don Quixote.
‘Don Quixote is so inspired by adventure that he leaves his ‘normal’ life to pursue his dreams even though they call him crazy. While traveling I rediscovered my love for interacting and connecting with people,” he wrote, as reported by the New York Post.
Penny, a star lacrosse player in high school, grew up in West Islip, on southern Long Island, with his three sisters and parents.
Those who knew him described him as a good boy who was always willing to help those around him.
His cousin Justine Baldwin told the Post that Penny was known as a “handsome, funny kid who could always be counted on when you needed help.”
Penny’s military service, which included two deployments, earned him several ribbons and awards, and he achieved the rank of sergeant before leaving active duty in 2021.
He came from a military family, his grandfather served in the Navy and his uncles in the Merchant Marine.
Shortly after leaving the Marine Corps, Penny ‘decided to drop out of school and travel around Central America,’ as she wrote on the job-seeker website.
Penny, a former infantry squad leader, said he did not intend to kill Neely but felt he needed to intervene to protect his fellow travelers.
Penny’s military service, which included two deployments, earned her several ribbons and awards, and she reached the rank of sergeant before leaving active duty in 2021. She is seen with her three sisters and her mother.
The veteran’s fatal encounter with Neely came as Penny was apparently trying to find himself, after serving four years in the Marine Corps and dropping out of college.
Penny added that she dreamed of being a bartender in Manhattan and that her travels had reminded her of her love “for interacting and connecting with people.”
“Being able to serve and connect with the most interesting and eccentric the world has to offer is what I believe I am meant to do,” he wrote.
After dropping out of college, Penny spent several months working at a surf shop in North Carolina, near the military base where he was last stationed, Camp Lejeune.
Sam Santaniello, who worked with Penny at the store, told the New York Times that Penny loved “everything to do with surfing.”
‘He is a sociable person. He is a very calm person. There aren’t many things that stress him out. Santaniello added.
When Santaniello was asked about Neely’s death, he responded, “Knowing Danny and knowing his intentions, it was to help those around him.”
Jordan Neely, 30, was a Michael Jackson impersonator whose mental health deteriorated in recent years, according to his family.
At one point, Penny lived inside his truck, former neighbors told the Post.
Neighbors added that Penny also spent some time living with her father in West Babylon, but that the two appeared to have a strained relationship.
Prosecutors said during opening statements Friday that while Penny did not intend to kill Neely, she “went too far” in trying to neutralize someone she viewed as a threat and not a person.
An unnamed Manhattan jury is deciding the manslaughter case surrounding Neely’s 2023 death, which prosecutors call a reckless killing, but Penny claims it was self-defense.
Penny’s lawyer, Steven Raiser, told DailyMail.com that Penny would be devastated if she were found guilty.
Penny held Neely in a chokehold on the floor of the subway car while others helped on May 1, 2023.
‘What is at stake for Danny is clear. “He faces a long prison sentence,” Raiser said.
‘A conviction would be devastating for him, both for serving a prison sentence, but perhaps even more so for being labeled a convicted felon, responsible for someone’s death when he risked his own life to help others.
Raiser added that the outcome of the trial will have consequences not just for Penny.
“A conviction would have a ripple effect on the sense of security of all New Yorkers,” he said.
‘A conviction would mean that all New Yorkers would be less likely to intervene in a dangerous situation for fear of being imprisoned. It will encourage criminals with violent tendencies to be more aggressive and less afraid of civilians defending each other.
The case has shaken fault lines around race, homelessness, perceptions of public safety and bystander responsibility.
Penny once said he dreamed of being a waiter in Manhattan and that his travels had reminded him of his love “for interacting and connecting with people.”
Penny’s critics see him as a white vigilante who murders a black man who was behaving erratically and making horrific statements, but who was unarmed and had not assaulted or touched anyone in the subway car.
His supporters credit Penny, 25, with taking steps to protect frightened subway riders, actions he says were meant to calm, not kill.
Neely’s life was shattered by mental illness and drug use after his mother was murdered and stuffed into a suitcase when he was a teenager, his family said. In his 30s, he sometimes entertained subway passengers as a Michael Jackson impersonator, but he also had a criminal record that included assaulting a woman in a subway station.
