Penny is charged in the choke hold death of Jordan Neely on a NYC subway train.
Former U.S. Marine Daniel Penny returns to the Manhattan Criminal Courtroom after a break for jury selection in his trial for the death of Jordan Neely, a man whose death has been ruled a homicide by the city's medical examiner after being placed in a chokehold on a subway train, in New York City, October 28, 2024.who was acting erratically on a New York City subway car, by putting him in a fatal choke hold on May 1, 2023.
A picture of Jordan Neely seen as protesters gather at a"Justice for Jordan Neely" rally in Washington Square Park in New York City.While there is no doubt that Penny's actions led to Neely's death, witness accounts differ regarding the events that led up to Penny applying the fatal choke hold, according to various sources.
Other passengers, however, described being fearful, according to court filings. One said they "have encountered many things, but nothing that put fear into me like that," while another said Neely was making “half-lunge movements” and coming within a “half a foot of people." Less than 30 seconds after Penny allegedly put Neely into a choke hold, the train arrived at the Broadway-Lafayette Station, according to court records.
"After that moment, Mr. Neely's movements are best described as 'twitching and the kind of agonal movement that you see around death,'" prosecutors said. “The fact that Mr. Neely was unarmed provides additional relevant information to aid the jury, namely, it clarifies what could have been perceived by someone in the defendant's position," the judge wrote. "The possibility that a person in the defendant's situation could have been reasonable in mistakenly believing that Mr. Neely had been armed is appropriate for consideration by the jury and well within their capability.
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