Jury selection is set to begin in the trial of Daniel Penny, a retired Marine charged with second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely, a former Michael Jackson impersonator. The incident, caught on video, occurred on a subway in Manhattan where Penny restrained Neely in a chokehold during a confrontation. Neely, who struggled with mental illness and homelessness, lost consciousness during the altercation. The case sparked debate in 2023, with some viewing Penny as a good Samaritan and others accusing him of racist vigilantism as Penny is white and Neely was Black.
The prosecution must prove that Penny either recklessly caused Neely’s death while aware of the risk of harm for a manslaughter conviction, or that he unjustifiably put Neely at risk of death without perceiving the risk for a charge of criminally negligent homicide. The maximum penalties for these charges are 15 years and four years in prison, respectively.
Evidence, including video of Penny’s interview at the police station and body camera footage, will be presented in court. Penny described his actions as an attempt to de-escalate the situation and protect others on the train from Neely’s threats. Penny, a Marine veteran, maintained that he was trying to prevent harm in line with his training. The defense argued that certain evidence should be excluded due to an alleged illegal arrest, but the judge ruled in favor of allowing it in the trial.
Overall, the trial of Daniel Penny for the death of Jordan Neely has garnered national attention due to the circumstances surrounding the incident and the conflicting narratives presented by both sides of the case.
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