Closing arguments are underway in the trial of Daniel Penny, a former Marine charged with manslaughter and criminally negligent homicide for the May 2023 death of Jordan Neely, a homeless Black man, on a New York City subway. Penny, 26, placed Neely in a chokehold after Neely exhibited erratic behavior and allegedly threatened passengers.
The incident has ignited debates on race, mental health, and public safety. Prosecutors argue that Penny’s use of force was excessive, noting he maintained the chokehold for nearly six minutes, even after Neely became unresponsive. They contend that Penny’s actions were reckless and showed indifference to human life.
The defense asserts that Penny acted in self-defense and to protect fellow passengers from Neely, who was reportedly shouting about being willing to die or go to jail. Defense attorney Steven Raiser asked jurors to imagine themselves in the confined space of the subway car, emphasizing that Penny “acted to save those people.”
During the trial, witnesses provided varying accounts of Neely’s behavior, with some describing him as threatening and others as nonviolent. Medical experts offered conflicting testimonies regarding the cause of death; the city’s medical examiner ruled Neely’s death a homicide due to the chokehold, while a defense-hired pathologist attributed it to factors including synthetic marijuana use and a blood condition.
Penny did not testify in his defense. Jurors have reviewed video evidence and Penny’s statements to police, in which he expressed that he did not intend to kill Neely but aimed to restrain him to prevent harm to others.
The jury is expected to begin deliberations following the conclusion of closing arguments and the judge’s instructions. If convicted, Penny faces up to 15 years in prison.
