Jurors in the trial of Daniel Penny began deliberations on Tuesday to rule whether the Marine veteran acted in self-defense or used excessive force when he placed Jordan Neely in a fatal chokehold on the subway last year.
Over several weeks, the jury heard testimony from passengers, police officers, and medical experts. Manhattan District Attorney Alvin Bragg was present during Monday's proceedings.
During closing arguments on Monday, Penny's lawyers urged jurors to consider themselves in his position on the train. They characterized the manslaughter and criminally negligent homicide charges as a rush to judgment influenced by protests and media pressure, rather than by the evidence.
Prosecutors, while acknowledging Penny was justified in using some physical force, argued he went too far by maintaining the chokehold even after the train stopped and passengers disembarked. They delivered their final arguments Tuesday morning before the case was handed to the jury.
Neely, 30, was a Black man known for entertaining people as a Michael Jackson impersonator. However, he also faced significant challenges, including depression, schizophrenia, and drug use, particularly after his mother was killed when he was a teenager.
On May 1, 2023, witnesses reported that Neely boarded a Manhattan subway train acting erratically, shouting about his hunger and thirst. He declared that he was ready to die, go to jail, or — as Penny and some passengers recalled — kill.
The judge instructed jurors that if they determine Daniel Penny is guilty of manslaughter, they do not need to deliberate on the criminally negligent homicide charge. In case Penny is found not guilty of manslaughter, he cannot be convicted of criminally negligent homicide. However, if the jury acquits him of manslaughter for reasons unrelated to justification, they may then consider the second charge.
Daniel Penny has pleaded not guilty. If convicted on the top charge of manslaughter, he faces up to 15 years in prison, though the judge retains discretion to impose no prison time.
