BLM protesters gather outside courthouse as Daniel Penny trial begins in Manhattan

A former U.S. Marine, Daniel Penny, is set to go on trial for the fatal chokehold of Jordan Neely, a homeless man, on a New York subway in May 2023. 

Penny, 25, faces up to 15 years in prison if convicted of manslaughter or four years for criminally negligent homicide. Jury selection begins Monday and could take a week, with the trial expected to last up to six weeks, legal experts say.

The case, which sparked a national debate on race and criminal justice, involves Penny’s confrontation with Neely on a northbound F train. Witnesses claim Neely was behaving in an “insanely threatening” manner, prompting Penny to restrain him in a chokehold. However, prosecutors argue Penny recklessly caused Neely’s death by holding the chokehold for over six minutes, even after Neely stopped moving.

The incident, caught on cellphone video, fueled public outrage and led to Penny's arrest two weeks later. The medical examiner ruled Neely’s death a homicide due to neck compression. The case has polarized opinions, with supporters of Penny claiming he acted to protect passengers, while others, including members of the Black Lives Matter movement, argue Neely’s death was a hate crime.

Penny’s defense team claims he acted to safeguard passengers after Neely reportedly shouted, “someone is going to die today!” Witnesses at the trial will include detectives and subway passengers. It is still uncertain whether Penny, who is out on $100,000 bail, will testify. His attorney, Thomas Kenniff, previously ran against Manhattan District Attorney Alvin Bragg, who is leading the prosecution, in the 2021 election.