Daniel Penny Showed ‘Indifference’ During Subway Choking, Prosecutor Says

Marine veteran Daniel Penny, who is on trial for the murder of Jordan Neely, showed “indifference” when choking the distressed subway rider, a prosecutor told jurors Friday.

“The manner in which the defendant permanently silenced Jordan Neely evinced the defendant’s belief that Mr. Neely didn’t deserve even the minimum modicum of humanity,” Assistant District Attorney Dafna Yoran said during opening statements at Penny’s manslaughter trial in Manhattan.

Penny’s “indifference toward Mr. Neely, the man whose life he was literally holding in his hands, caused him to disregard the most basic precautions and needlessly kill him, long after any threat he posed had dissipated,” Yoran said.

Prosecutors call Neely’s 2023 death a reckless killing while Penny, 25, claims it was self-defense.

What Happened on the Subway Ride?

On May 1, 2023, Penny, an architecture student who served four years in the U.S. Marine Corps, was on the New York City subway where Neely, a 30-year-old homeless street performer, was begging for money.

Witnesses said Neely was shouting about being willing to die or go to jail and making sudden movements. Neely also talked about hurting others, Yoran said.

Neely had suffered from mental illness and drug use, according to his family.

Penny intervened by putting his arm around Neely’s neck, taking Neely to the floor and holding Neely with the veteran’s legs around him.

Yoran said that Penny held Neely for roughly six minutes. One subway rider told Penny, “If you don’t let him go now, you’re going to kill him,” according to her statement and court papers.

Penny let go of Neely almost a minute after his body went limp, according to prosecutors.

City medical examiners said that Neely died from compression of the neck, a finding that Penny’s lawyers have indicated they plan to question.

Penny has said that he just wanted to “deescalate” the situation. He said that he wasn’t trying to hurt Neely but rather “keep him from hurting anyone else.”

Public Uproar Over Neely’s Death

Some people have criticized Penny as a white vigilante killer of a Black man who wasn’t armed and hadn’t touched anyone on the subway during the incident. Meanwhile, some saw Penny as a good Samaritan for protecting his fellow New Yorkers.

Penny’s attorney Steven Raiser has said that a conviction in his client’s case “will have a chilling effect on every New Yorker’s right and duty to stand up for each other.”

Both sides have held demonstrations and on Friday, there were critical chants from a small group of protesters as Penny arrived to court. Meanwhile, Republican politicians publicly defended Penny while Democratic officials attended Neely’s funeral.

‘He Went Way Too Far’

Yoran told the jury Friday that the case isn’t “a referendum on our society’s failure to deal with mental illness and homelessness on the subway,” on police response, on whether Penny had a right to intervene before police arrived on the scene or even on whether his initial decision to use a chokehold was appropriate.

Rather, “He used far too much force for far too long. He went way too far,” Yoran said.

This article includes reporting from The Associated Press.