A Manhattan grand jury is now weighing the fate of Daniel Penny, the Marine veteran accused of criminally causing the choking death of subway performer Jordan
Former U.S. Marine Daniel Penny exits the courtroom for a break during his trial for the death of Jordan Neely, man whose death has been ruled a homicide by the city’s medical examiner after being placed in a chokehold on a subway train, at the Manhattan Criminal Court, Dec. 3, 2024.
Penny’s defense team, however, sought to prove to the jury that he was exercising “civilian restraint” in acting to subdue Neely, whom he believed to be threatening people on board the train.reported. While members of the city’s Medical Examiner’s office stood by their autopsy, which found that Neely died from neck compression resulting from Penny’s chokehold, the defense brought up a pathologist who claimed that other factors contributed to Neely’s death.
During his instructions to the jury Tuesday, AP reported, Judge Maxwell Wiley told the panel that if they find Penny guilty of manslaughter, they will not be asked to render a verdict on the lesser charge of criminally negligent homicide. Only if they acquit Penny of manslaughter will the jury be asked to consider the criminally negligent homicide charge.
Manslaughter, which implies that the accused unlawfully killed another person without malice or premeditation, carries a maximum 15-year prison sentence upon conviction — nearly four times that of the four-year maximum sentence for a criminally negligent homicide conviction.Daniel Penny set to stand trial this week for chokehold death of subway performer Jordan Neely
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