Trial begins in New York Subway Chokehold Death Case: Prosecutors argue Daniel Penny used excessive force
The highly anticipated trial of Daniel Penny, a Marine veteran, has started in New York, drawing intense public interest and sparking debates over self-defense, excessive force, and mental health issues within the city’s subway system. Penny faces charges of manslaughter and criminally negligent homicide for the death of Jordan Neely, a homeless man whom he restrained in a chokehold during a subway altercation.
Prosecutor Outlines Allegations of Excessive Force
In her opening statement, Prosecutor Dafna Yoran asserted that Penny’s actions “went way too far,” describing how Penny continued to apply pressure on Neely’s neck even after Neely became unresponsive. According to Yoran, witnesses cautioned Penny as the subway car arrived at a station, with one bystander warning, “If you don’t let him go now, you’re going to kill him.”
Penny, who is white, has pleaded not guilty, asserting that he acted in self-defense against Neely, who was Black. Penny claims he intervened to “de-escalate” what he viewed as a potentially dangerous situation on May 1, 2023.
Details of the Subway Altercation and Video Evidence
On the day of the incident, Neely reportedly entered the subway car exhibiting erratic behavior. Witnesses recalled him shouting about his hunger, thirst, and desire to return to jail. Prosecutors acknowledged that Neely’s loud and aggressive tone alarmed passengers but clarified that he was unarmed and did not physically threaten anyone.
Penny reportedly placed Neely in a chokehold just 30 seconds after he entered the train. According to Yoran, Penny maintained the chokehold for approximately six minutes—a length of time she argued was excessive and unnecessary. Video footage of the event, taken from the subway platform, will be shown to the jury, capturing the encounter and, prosecutors argue, highlighting the deadly nature of the hold.
Public Reactions and Background on Neely
The incident sparked polarized public reactions, with some considering Penny a hero who stepped in to protect others and others viewing Neely as a tragic victim of excessive force. Neely’s background, shared by the prosecution, includes his experiences as a Michael Jackson impersonator who occasionally performed for subway riders. His history of mental illness and substance abuse is believed to be connected to the trauma of his mother’s murder during his teenage years.
The Defense Argument: Self-Defense in an Unpredictable Situation
Penny’s defense maintains that his actions were a response to an unpredictable and potentially violent situation. According to Penny’s statement to police, he sought to prevent an escalation by subduing Neely. The defense will argue that Penny, who has first aid training, acted in a way he believed necessary to keep passengers safe.
However, the prosecution counters that deadly physical force should only be used when absolutely necessary, arguing that Penny’s chokehold was prolonged to the point of being fatal and ultimately avoidable.
Larger Implications for Subway Safety and Mental Health Awareness
This case has become emblematic of broader issues facing New York City’s transit system, particularly the complexities surrounding homeless individuals, mental illness, and public safety. Incidents involving individuals in crisis are a frequent reality for New York City’s millions of subway riders. Advocates for mental health reform have pointed to this tragic encounter as a call to improve resources for those experiencing homelessness and mental health struggles in urban settings.
As the trial unfolds, the court’s decision may set a precedent for how far New Yorkers can go in asserting self-defense in public spaces and could influence future policies regarding public safety and mental health interventions on public transit.
The Associated Press and Reuters contributed to the information in this report.
