Daniel Penny's fate in Jordan Neely subway chokehold case up for deliberation

Daniel Penny faces manslaughter charges after the death of Jordan Neely on a New York subway.

Manhattan jury has begun deliberating the legal fate of Daniel Penny, the former U.S. Marine accused of fatally choking Jordan Neely, a 30-year-old homeless man, on a subway train.

Penny, 26, faces charges of second-degree manslaughter and negligent homicide following the May 2023 incident, which has sparked nationwide debate on public safety and the treatment of individuals with mental health issues.

The trial, which concluded its first day of deliberation, saw both prosecutors and defense attorneys making their final arguments. Prosecutors argued that Penny acted recklessly, using excessive force to restrain Neely after the homeless man, who had a history of mental illness, began shouting and demanding money on the subway. They emphasized that the chokehold, which lasted several minutes, was unnecessary and lethal.

Assistant District Attorney Dafna Yoran told jurors that Penny "ignored all the signs" that he needed to stop, leading to Neely's death. “He must be held accountable,” Yoran said. If convicted, Penny could face up to 15 years in prison.

On the other hand, Penny’s defense team, led by attorney Steven Raiser, argued that Penny acted out of fear for the safety of fellow passengers, who were anxious about Neely’s erratic behavior. Raiser urged jurors to empathize with Penny, asking, "Who would you want on the next train ride with you?"

The case, which was captured on video by bystanders and supported by police body camera footage, has divided public opinion. Some witnesses testified that they felt threatened by Neely's outbursts, while others questioned the necessity of the chokehold. One witness, Johnny Grima, expressed concern about Neely’s condition, saying he wasn’t moving and that Penny wouldn’t let him intervene.

The prosecution has also argued that, as a former Marine, Penny should have been aware of the risks associated with such a chokehold and could have used less harmful methods to restrain Neely. Penny’s attorneys, however, suggested other factors such as Neely’s drug use and sickle cell trait might have contributed to his death, citing expert testimony from a forensic pathologist.

As the jury deliberates, the case continues to reignite discussions around mental health care, public transportation safety, and the limits of self-defense.