Jordan Neely was homeless at the time of his death.
Jurors saw video of Daniel Penny, during an interview inside a police precinct, demonstrating the chokehold he performed on a homeless man aboard a New York City subway car.Monday in the trial of Daniel Penny over the May 2023 subway chokehold death of Jordan Neely.
The delay means the jury will likely not begin deliberations until Tuesday. The People's closing will continue on Tuesday before the judge's hour-long instructions and deliberations. The prosecutor, Dafna Yoran, conceded Jordan Neely entered the subway car in an "extremely threatening manner" but she argued "so much less than deadly physical force would have done the job of protecting the passengers from Mr. Neely."
Defense attorney Steve Raiser said during his summation that Penny had no choice but to keep hold of Neely because Neely was struggling to get free. Yoran said it did not justify Penny's action. She also questioned Penny's actions after he released the chokehold, pointing to a video that showed him walking away from Neely to retrieve his hat from beneath a subway bench.
"The defendant was warned three times, at least, and he ignored those warnings," prosecutor Dafna Yoran said. "He's consciously disregarding the risk." The prosecutor said Penny showed no remorse, no regret and no self-reflection: "We have all spoken dismissively at some point about people like Jordan Neely," Yoran said. "When the defendant is talking like this about Mr. Neely he knows he very likely killed him.
The city's medical examiner concluded Penny's chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
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