Subway strangulation death: Opening statements expected today in the trial of former LI Marine Daniel Penney

Opening statements are scheduled to begin Friday morning in the trial of Daniel Penny, a Long Island Marine veteran accused of killing a homeless man by strangling him on a New York City subway train last year.

Penny, 26, of West Islip, is charged with second-degree manslaughter and criminally negligent homicide in the May 1, 2023, death of Jordan Neely, 30, a homeless singer in the subway.

A jury of seven women and five men and four alternate jurors convened last week in Manhattan Criminal Court to decide Penny’s fate in a trial expected to last six weeks.

The encounter — in which Penny, who is white, held Neely, who is black, in an emotional hold for more than six minutes, prosecutors said, was caught on video by a bystander and sparked protests and heated debate.

Some denounced Penny as a criminal and questioned whether race was a factor in the authorities’ decision not to immediately arrest Penny. Others hailed him as a hero for coming to the aid of supposedly terrified train passengers.

Nassau County Executive Bruce Blakeman held a rally in Manhattan in support of Penny. An online fundraiser for Penny’s defense has raised more than $3 million

Neely was eulogized by the Reverend Al Sharpton, a national civil rights activist.

Penny, who moved to the East Village to study engineering and architecture, pleaded not guilty and was released on $100,000 bail. He said he acted in self-defense and to protect other passengers on the train.

On the day of the meeting, Neely, a former Michael Jackson impersonator who authorities say suffered from mental illness, boarded a northbound F train at the Second Avenue station, begged for money and made threats, prosecutors said.

Less than a minute later, at the Broadway-Lafayette station, Penny strangled Neely from behind, authorities said.

“He came by train, threatening people. I kicked him out,” Penny told police during a taped interview.

Neely stopped breathing on the train after being restrained for six minutes, prosecutors said. He died soon after.

Penny was initially released from custody. But Manhattan District Attorney Alvin Bragg charged him with involuntary manslaughter and criminally negligent homicide after the public outcry.

Witnesses told police that Neely was behaving “characteristically” after boarding the train, and that he threw his jacket on the floor of the subway car and began yelling that he wanted Sprite or ginger ale.

“He told everybody he didn’t care what happened today, he didn’t care if he went to jail,” one witness said in the police body cam video.

“He literally saved the train,” a bystander told police Penny, according to body camera video.

Penny’s defense team unsuccessfully tried to keep the jury from reviewing Penny’s statements to the police.

Attorney Stephen Reiser previously told Newsday that portions of the body camera footage will help protect his client.

“The judge noted in his ruling the importance of these witness statements and their value, while not relevant to the determination of probable cause, is extremely valuable in supporting the exculpatory defense that we fully intend to assert on our client’s behalf in court. Reiser said.

Nicole Fuller is Newsday’s senior criminal justice correspondent. She joined Newsday in 2012 and previously covered local government.