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Daniel Penny due in court for pre-trial hearing
Daniel Penny, the U.S. Marine veteran accused of choking homeless man Jordan Neely to death aboard a NYC subway last year, is expected in court today for a pre-trial hearing.
NEW YORK CITY - Daniel Penny, the U.S. Marine veteran accused of choking homeless man Jordan Neely to death aboard a NYC subway last year, is expected in court today for a pre-trial hearing.
Penny pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the May 2023 death of Neely, a former Michael Jackson impersonator. Jury selection is scheduled to start on Oct. 21.
Penny's lawyers have maintained the argument that Penny acted in self-defense after Neely started harassing passengers.
Daniel Penny video message sent by defense: 'I knew I had to act'
In the video sent to Fox 5 NY, Penny detailed the hold used on Neely and said that he prayed the police would come.
Although witnesses described the veteran as a "hero," he was charged with manslaughter.
Timeline of events: What happened?
The case stems from a May 1, 2023 altercation on the F subway train in Manhattan, where witnesses say Neely was shouting and begging for money.
According to prosecutors, Penny pinned Neely to the ground with the help of two other passengers and held him in a chokehold for several minutes. Video of the incident showed Penny trying to subdue Neely by placing him in a chokehold.
Daniel Penny is seen in bystander video holding Jordan Neely in a chokehold. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
Neely struggled in the chokehold for several minutes, after which he was transported to Lenox Hill Hospital and pronounced dead.
Penny's lawyers argued in court filings that Neely's erratic behavior was "insanely threatening," and the Marine veteran stepped in to defend himself and other passengers.
Jordan Neely is pictured before going to see the Michael Jackson movie, "This is It," outside the Regal Cinemas in Times Square in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)
Eleven days after the fatal incident, Penny turned himself in to the Manhattan District Attorney's Office. Family members say Neely was homeless and struggled with mental health issues.
The dramatic scene caused a fierce debate and divide between those who believed Penny acted heroically and others who believed he showed excessive force.