Daniel Penny trial: What to know as opening statements begin

NEW YORK CITY – Opening statements are expected today in the criminal trial of U.S. Marine Corps veteran Daniel Penny. Jordan Neely’s installation of the homeless man was in danger of a fatal drowning in New York last year metro train.

SKIP ABOUT DANIEL PENNY | ABOUT JORDAN NEELY

Penny, 25, is accused of “recklessly causing the death” of former street artist Neely, 30, who said she was acting erratically on the train on May 1, 2023, when Penny moved to restrain him. .

Penny, who served in the Marine Corps for four years before being discharged in 2021, was released on $100,000 bail.

The trial is expected to last four to six weeks. Jurors, who were asked about their own subway experiences, will hear opening statements and possibly some witness testimony today. It is unclear who prosecutors’ first witness will be.

He faces up to 15 years in prison if convicted of second-degree manslaughter, and up to four years in prison if convicted of criminally negligent homicide.

The case stems from: May 1, 2023 discussion Eyewitnesses say Neely was yelling and demanding money on the F subway in Manhattan when Penny approached him when he said he was going to the gym from a college class.

With the help of two other passengers, Penny pinned Neely to the ground and forced him into a chokehold for more than three minutes, according to prosecutors. Video of the incident shows Penny trying to subdue Neely by choking him.

Neely suffered from choking for several minutes, then was transported to Lenox Hill Hospital and pronounced dead. The medical examiner ruled that the death was a homicide caused by neck compression. Penny’s lawyers said they plan to challenge that finding.

Eleven days after the fatal incident, Penny surrendered to the Manhattan District Attorney’s Office. Neely was homeless and struggled with drug addiction and mental health issues, family members said.

Penny’s attorneys argued that the Long Island native did not intend to kill Neely but simply wanted to hold her down until police arrived. Penny claimed Neely yelled “I’m going to kill you” and that he was “ready to die” or go to prison for life.

Penny’s attorney, Steven Raiser, said the defense plans to introduce other potential causes of Neely’s death, including the high levels of the synthetic cannabinoid known as K2 found in her body.

“The jury also found that he (Neely) had high levels of K2, which is a very, very dangerous drug that has historically made people violent, unstable, suicidal, you name it,” Penny’s attorney, Thomas Kenniff, said. ” he said. , he said in an appearance Good Day New York.

Prosecutors, meanwhile, argued in court filings that Penny’s actions were reckless and negligent, even if she did not intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the hearing.

“The government failed Mr. Neely,” Raiser said. GDNY. “He was having mental health breakdowns in the subway system and his K2 level was high because he was trying to self-medicate after having a very long history of criminal offenses that included violence,” Raiser said.

The dramatic scene caused a fierce debate and division between those who believed Penny acted heroically and those who believed she showed excessive strength. Raiser said a conviction would have a “chilling effect on the right and duty of every New Yorker to defend one another.”

Neely had made money impersonating Michael Jackson in the past, but he was homeless at times.

Street artists who knew Neely described him as a kind and talented impressionist who fell into depression as a result of his mother’s death in 2007. According to reports at the time, Christie Neely had drowned. Neely, who was 14 when she died, testified against her mother’s boyfriend in the murder trial.

Neely had a criminal record with a history of 44 previous arrests; Many of these were metro-related, including disorderly conduct, assault and ticket evasion.

Associated Press news services helped contribute to this report.