Daniel Penny manslaughter trial for the death of Jordan Neely

Daniel Penny returned to a Manhattan courthouse today as his manslaughter trial for the death of Jordan Neely began with opening statements. Neely, a homeless man known for erratic behavior, died after Penny restrained him in a chokehold on a subway train.

Outside the courthouse, protesters denounced Penny’s actions as "illegal," arguing that his response was excessive. Inside, prosecutors opened their remarks by acknowledging Neely's intimidating behavior that frightened several passengers on the subway. Manhattan Assistant District Attorney Dafna Yoran described Neely's final moments, noting his struggles with homelessness, drug use, and mental illness: "Jordan Neely took his last breaths on the dirty floor of an uptown F train – at the time he died he was 30 years old, homeless, on synthetic drugs, and suffering from mental illness."

During their opening, prosecutors contended that Penny maintained the chokehold for nearly six minutes, deeming the action "unnecessarily reckless." They argued that while Penny may not have intended to kill, the use of deadly force was only justified when absolutely necessary.

The defense, led by co-counsel Thomas Kenniff, countered by portraying Penny as a protector who acted in response to Neely's threatening outbursts, including statements like "I'm ready to die" and "I'm ready to serve a life sentence." Kenniff argued that, in the confined space of a moving subway car, Penny had little choice but to act for the safety of others. They also noted Penny’s background as a Marine, emphasizing his intent was not to harm Neely but to prevent violence.

The defense provided context for Penny's life, describing him as a 25-year-old Marine Corps veteran, college student, and part-time swimming instructor, who had joined the military to pay for his education. They depicted Neely as increasingly aggressive, recounting how he threw his jacket to the ground, shouted demands, and frightened passengers. When Neely reportedly turned his attention toward a group of female passengers and allegedly made death threats, Penny acted to subdue him.

Video footage of the incident, which shows other passengers assisting Penny in restraining Neely, was a focal point in the prosecution’s argument. They underscored the duration of the chokehold, suggesting Penny exceeded reasonable limits. The defense described Penny's actions as a trained "non-fatal chokehold" intended only to contain Neely until police arrived, which took longer than expected. According to the defense, Penny’s intent was never to kill, as he had no way of knowing Neely’s health conditions would lead to his death.

Following opening statements, the first witness, an NYPD officer, testified about his response to the scene. Neely’s family members grew visibly emotional as they listened to details of the incident. Officers had administered Narcan, an opioid antidote, to Neely, but it was ineffective. The defense pointed out that Penny remained at the scene and cooperated fully with authorities, later telling detectives, "I'm not trying to kill the guy; I'm just trying to de-escalate the situation."

The trial continues with more witness testimony scheduled for the following Monday. Penny faces potential prison time of up to 19 years if convicted on charges of second-degree manslaughter and criminally negligent homicide.