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Opening statements began Friday in the trial of Daniel Penny, who is charged in the death of Jordan Neely, a homeless man who was acting erratically on a New York City subway car, by putting him in a fatal chokehold on May 1, 2023.
The sounds of a sidewalk protest over the death of Neely were audible in the 13th-floor courtroom ahead of opening statements. Protesters were heard calling Penny a « subway strangler. »
Judge Max Wiley said he would instruct jurors to ignore « noise outside the courthouse. »
Penny, in a slate blue suit, strode confidently into the courtroom and took his seat at the defense table.
The former Marine has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide in Neely’s death. Wiley denied Penny’s bid to dismiss his involuntary manslaughter case in January.
The jury of seven women and five men, four of whom are people of color, will be asked to do something prosecutors concede is difficult: convict someone of an unintentional crime.
To convict, prosecutors must prove Penny’s use of lethal force was unjustifiable and that Penny acted recklessly and consciously disregarded the substantial risk of putting Neely in the chokehold for so long. Prosecutors do not have to prove Penny intended to kill Neely, which defense attorneys have said Neely did not intend to do.
The trial is expected to last between four and six weeks, according to Wiley.
The case has fueled political narratives about urban crime and captivated a city in which the subway is indispensable.What happened that day
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 chokehold, according to various sources.
Many witnesses reported that Neely, 30, who was homeless at the time of his death and was known to perform as a Michael Jackson impersonator, had expressed that he was homeless, hungry and thirsty, according to prosecutors. Most of the witnesses also recounted that Neely indicated a willingness to go to jail or prison.
Some witnesses also reported that Neely threatened to hurt people on the train, while others did not report hearing those threats, according to police sources.
Additionally, some witnesses told police that Neely was yelling and harassing passengers on the train. However, others have said that while Neely had exhibited erratic behavior, he had not been threatening anyone in particular and had not become violent, according to police sources who spoke with ABC News following the incident.
According to prosecution court filings, some passengers on the train that day said they didn’t feel threatened. One said they weren’t « really worried about what was going on », while another called it « like another day typically in New York.
