Jury selection began Monday in the trial of a U.S. Marine Corps veteran charged with manslaughter for placing a man in a deadly chokehold on a New York City subway train last year.
Daniel Penny, 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer. Witnesses say Neely was acting erratically and making threats on the train on May 1, 2023, when Penny moved to restrain him.
Penny has pleaded not guilty in the case, which sparked debate and division locally and across the country.
After the death of Neely, who was Black, protesters demanded that authorities arrest Penny, who is White. Others rallied in support of Penny outside the courthouse once he was charged. The case also became a cause célèbre among Republican presidential hopefuls.
Penny, who served four years in the Marines before being discharged in 2021, has been free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.
The initial 86 potential jurors were brought into the Manhattan courtroom Monday for a first round of screening focused on whether they have work or family obligations that could keep them from serving on a trial that's expected to continue into December.
When asked whether any had heard of the case, nearly everyone raised a hand to indicate yes.
“Not a surprise,” Judge Maxwell Wiley said.
“Even if you have formed an opinion about it, that does not disqualify you from serving on this case,” he said, adding that anyone who is picked for the jury must keep an open mind.
Penny, when prompted by the judge, briefly stood, turned to the courtroom audience, waved to prospective jurors and softly said, “Good morning.”
Otherwise, he sat mostly still and upright in his blue suit, facing the judge as potential jurors were called up individually to the bench to explain their potential scheduling issues. By the lunch break, 58 had been excused.
It will likely be days before prospective jurors are questioned about any beliefs, personal connections or life experiences that could affect their ability to serve fairly and impartially.
The selection process and potential two-week timeframe aren't uncommon in lengthy Manhattan trials.
Witnesses to the incident said Neely — who struggled with drug addiction, mental illness and homelessness — had been shouting and demanding money when Penny approached him.
Penny pinned Neely to the ground with the help of two other passengers, and placed him in a chokehold for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.
Neely’s father, Andre Zachery, was in courtroom audience Monday. Neely's family's lawyer, Donte Mills, said outside court that Zachery is feeling hurt and seeking justice for his son.
“Daniel Penny should go to jail,” Mills said. “This should be an easy case for the jury to deliberate.”
Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, “I’m gonna kill you” and that he was “ready to die” or go to jail for life.
“The truth is going to come out in this trial,“ Steven Raiser, one of Penny’s lawyers, said outside court. “There have been a lot of assumptions that have been out there.”
Raiser has said the defense plans to offer up other potential causes of Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.
They’ll also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Penny's lawyers said Monday that they hadn't decided whether he will testify.
Prosecutors, in their court filings, have argued that Penny’s actions were reckless and negligent even if he didn’t intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.
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