Trial Set To Begin For Man Accused In Chokehold Death On NYC Subway

NEW YORK CITY — The manslaughter trial of Daniel Penny, a Marine veteran who put a homeless man into a fatal chokehold inside a New York City subway car, is set to begin Monday with jury selection, according to prosecutors.

Jury selection in the case could take around two weeks.

Opening statements are expected during the second week of November, Penny's defense lawyers have said. It could take six weeks to reach a verdict.

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.

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.

If convicted of the top charge, Penny faces a maximum of 15 years in prison. Prosecutors will be attempting to prove that Penny's actions were "reckless" and "negligent."

Penny, 26, has been free on a $100,000 bond.

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