Former Marine accused of killing homeless man on New York subway train ‘took it too far’

Introductory statements began on Friday at New York court of Daniel Penny26-year-old ex-Marine charged with manslaughter for wasting minutes panting Jordan NeelyA 30-year-old homeless man who suffered from mental illness and threatened subway passengers in May 2023.

In a Manhattan courtroom, opposing sides of the case painted starkly different pictures, with the prosecution arguing that Penny had clear initial intentions to protect her fellow travelers but took them “too far” as he continued to wrap Neely in a choke hold after the man passed out and the subway passengers exited the car.

“Mr. Penney was so reckless with Mr. Neely’s life because he did not recognize his humanity,” Manhattan Assistant District Attorney Daphne Yoran said. said argued in the opening statement that “Penny’s indifference to Mr. Neely, a man whose life he literally held in his hands, led him to disregard basic precautions and needlessly kill him, long after any threat he posed has already dissipated.”

Meanwhile, defense attorney Thomas Caniff described Penny as a courageous citizen who “did for others what we would have someone do for us.”

“That doesn’t necessarily make him a hero … it doesn’t make him a killer,” Canniff said.

Penny is charged with manslaughter and negligent homicide, and has pleaded not guilty.

The parties were equally divided on the nature of the suffocation in which Penny held Neely.

Protection argued that Penny, who trained in martial arts, put the homeless man in a “non-lethal choke hold” and made “every conscious effort” to avoid killing him, while suggesting Neely had drugs or a genetic risk for sickle cell disease. contributed to death

In May of last year, the medical examiner of New York managed Neely’s death is a homicide caused by “neck compression (suffocation).”

But prosecutors say the former Marine held Neely by the neck for nearly six minutes on the floor of the F train and should have known it could be fatal, especially when Neely was passed out.

“A choke hold is only allowed when absolutely necessary and only for as long as absolutely necessary” by Goran said.

The court will focus on the analysis of the video recording of the incident.

The prosecution says Penny approached Neely within 30 seconds of him entering the train car, while the defense says the former Marine had already been trying to restrain the homeless man for two minutes before the video began.

This murder caused indignation and deep division of the public.

Some saw the incident, in which a white man strangled a black man with a long history of mental illness and homelessness, in the context of the city’s struggle to care for vulnerable residents and as part of a legacy of white hypervigilance directed at black people.

Others saw Penny as a hero and saw the incident as a sign of New York’s struggle with public safety.

In the courtroom, Joran noted that while many New Yorkers learn to ignore vulnerable people like Neely, the homeless man “demanded to be seen” and spoke desperately about being hungry and thirsty between threats. Defense, for its part, said the man was “boiling” and “psychotic,” causing anxiety among transit passengers.

Neely’s father, Andre Zachery, watched in the gallery.

If found guilty, Penny could serve up to 15 years in prison.

New York City Eric Adams has made policing crime and subway safety incidents a priority, filling the system with officers on foot and sparking controversy directing emergency response services to the involuntary hospitalization of mentally ill New Yorkers regardless of whether they believe they are dangerous to themselves or others.