Jury Set For Trial Of Man Accused In Chokehold Death On NYC Subway

NEW YORK CITY — Jury selection has been completed in former Marine Daniel Penny’s subway chokehold trial — with opening remarks set to begin Friday, prosecutors said.

The 12-person jury will decide whether to convict Penny of killing Jordan Neely, a homeless man, on a subway train in May 2023.

Penny, 26, has pleaded not guilty to second-degree manslaughter and criminally negligent homicide charges. Penny's defense lawyers have argued that Jordan Neely had been shouting and demanding money before the marine veteran intervened, Patch previously reported.

Prosecutors will be attempting to prove that Penny's actions were "reckless" and "negligent."

If convicted, Penny faces up to 15 years in prison.

Fatal Incident Inside Subway Car

On May 1, 2023, on a northbound F train headed toward the Broadway-Lafayette station, Penny brought Neely down with the assistance of two other passengers and then proceeded to put him in a chokehold for 6 minutes.

Neely had struggled with homelessness and mental illness, and according to witnesses had been acting in a aggressive manner before the fatal incident.

The medical examiner's office ruled Neely's death a homicide. Penny's lawyers have said that the marine veteran didn't intend to kill Neely but was holding him down long enough for police to arrive.

Penny has been free on a $100,000 bond.

The fatal 2023 incident sparked nearly two weeks of protestsbefore Manhattan District Attorney Alvin Bragg’s office brought an indictment, according to multiple media reports.