The trial of Daniel Penny in the subway death of Jordan Neely has begun

Daniel Penney returned to the Manhattan courthouse this morning to make his opening statement trial for involuntary manslaughter for the death of Jordan Neely, a homeless man he strangled during a subway flare-up.

Protesters outside held placards and a megaphone and called Penny’s actions “illegal”, although his defense argued that his actions were fully justified under the law because of the threats that Neely shouted loudly in the subway car.

Prosecutors were the first to speak in the courtroom, admitting that Neely “scared a lot of people” on the train where he died.

“Jordan Neely breathed his last on the dirty floor of an F train on the outskirts of the city – at the time of his death he was 30 years old, homeless, using synthetic drugs and suffering from mental illness,” Manhattan Assistant District Attorney Daphne Yoran began.

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On November 1, 2024, Daniel Penney makes his opening statements in Manhattan Criminal Court in New York. Penny, a Marine Corps veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

Video of the incident shows other passengers helping Penny restrain Neely, who later died. The trial begins after more than a week of jury selection.

Prosecutors said in a 45-minute opening statement that Penny held the choke hold for 5 minutes and 53 seconds, calling the move “unreasonably reckless.”

“He did not intend to kill him, but under the law, deadly physical force such as strangulation is permitted only when absolutely necessary and only for as long as absolutely necessary,” the prosecution continued.

Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)

The defense countered that Penny was protecting herself and other passengers from Neely’s threats of violence.

“This is a case about a young man who did for others what we would want someone to do for us,” co-defense attorney Thomas Canniff began his opening statement. “Words like “I’m ready to die. I’m ready to serve life in prison,” when these threats are uttered in a closed (space) in a moving subway car, you either hide your head and pray, or stand up and protect your neighbor. That’s what Danny Penny did.”

Penny grew up in a middle-class New York family and joined the Marine Corps to serve his country and to pay for college, his attorneys said.

He was studying architecture at the New York College of Technology and working as a swim instructor and bartender when he met Neely, who lawyers described as a “boiling psycho” who was “under the influence of drugs” when he boarded. subway car and started screaming.

In this undated photo provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, Jordan Neely, left, is shown with his aunt Carolyn Neely. Daniel Penney, 24, the U.S. Marine veteran who fatally choked agitated New York City subway rider Jordan Neely, was released from custody hours after turning himself in to face manslaughter charges filed by almost two weeks after the collision. (Courtesy of Mills & Edwards, LLP via AP)

“As the doors close and the train heads into the dark tunnel, Neely slaps his jacket on the ground with such force that the train falls silent,” continued Penny’s defense. “He demands drinks, food and money. He tells the passengers that if they don’t give them what he wants, he will take it away from them.”

The defense continued to say that he raised his voice as he talked about going back to Rikers Island prison, getting a life sentence and being ready to die.

“Passengers begin to flood toward the far end of the subway car, Neely targets a group of female passengers (and) at that moment, Danny sees a mother barricading her son behind a stroller,” the lawyers said. “Neely says the words, ‘I will kill,’ and ladies and gentlemen of the jury, when Jordan Neely threatened to kill, there was only one thing Danny Penny could do.”

Protesters, including Christopher Neely, Jordan Neely’s uncle, gather to call for justice for Jordan Neely outside the trial of Daniel Penney in Manhattan Supreme Court in New York on Friday, November 1, 2024. Today is the first day of opening statements in Penny’s trial, where he is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on the New York City subway. (Adam Gray for Fox News Digital)

After Neely announced the threat, there was no time to “de-escalate the situation,” they say. Penny defended herself to take down the madman.

“Danny’s intention is not to kill Mr Neely, in fact he did not want to hurt him at all,” the defense continued. “The evidence will show that Danny made every conscious effort to avoid harm.”

Penny used what the defense described as a “non-lethal chokehold” he had been trained to use.

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“The purpose of using the hold was to contain him until the police arrived – which took longer than anyone on the train expected,” the lawyer said.

Penny remained at the scene until the police came. Neely was still breathing when he released him.

After the opening remarks, the first witness, an NYPD officer who arrived at the scene, took the floor. Neely’s relatives, sitting in the back of the courtroom, became emotional during the questioning.

Neal did not have a weapon when police arrived. Only a bun was found in his jacket pocket. Neal had a pulse but was not breathing, and officers administered the opioid antidote Narcan, but it did not revive him.

There were women and children on the train, and Penny told detectives he felt threatened, according to testimony at a pretrial hearing.

On Nov. 1, 2024, Daniel Penney makes opening statements in Manhattan Supreme Court in New York. Penny, a Marine Corps veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

When Neely entered him, he said, he choked him.

“I’m not trying to kill the guy,” he told detectives. “I’m just trying to de-escalate the situation.”

Protesters, including Christopher Neely, Jordan Neely’s uncle, gather to call for justice for Jordan Neely outside the trial of Daniel Penney in Manhattan Supreme Court in New York on Friday, November 1, 2024. (Adam Gray for Fox News Digital)

A second witness, NYPD Sgt. Goran asked Carl Johnson why the officers decided to use Narcan on Neely.

“Mr. Neely was lying on the floor of the subway car, completely unresponsive,” he said.

“He was an obvious drug user and was very dirty,” Johnson testified. “I didn’t want my officers touching his mouth with their lips. They could contract hepatitis or AIDS… chest compressions would be enough to wake him up.’

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During cross-examination, Johnson was asked why the police did not use mouth-to-mouth CPR.

“There’s a certain line you have to protect your officer. Look at 9/11. I wouldn’t want any of my officers to get sick because of that,” Johnson said.

Protesters gather to call for justice for Jordan Neely outside the trial of Daniel Penny at Manhattan Supreme Court in New York, Friday, Nov. 1, 2024. (Adam Gray for Fox News Digital)

NYPD Officer Dennis Kang was the third witness in Friday’s trial, with his body camera footage played for jurors.

“My husband! Stay with me…yo!” Kang could be heard telling Neela on the camera recording.

Kang said that when officers first responded to the scene, Neely was lying face down on the floor before they “turned him upside down and tried to wake him up.”

A third witness’s dash cam caught Penny telling Kang that Neely “snapped a bunch of crap and said I’m going to jail forever.”

On Nov. 1, 2024, Daniel Penney makes opening statements in Manhattan Supreme Court in New York. Penny, a Marine Corps veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)

The first day of the trial ended around 4:24 p.m. Friday after two MTA witnesses were called to testify about the transit agency’s operations.

There were a total of five witnesses on the first day of the trial, with maintenance inspector Michael Ramyattan and railway dispatcher Cecil Postell being the last to be called to court.

Penny is a 25-year veteran of the Marine Corps and a college student.

Neely was a 30-year-old homeless man and former Michael Jackson impersonator with a history of mental illness and criminal offenses, including previous charges of assaulting a 67-year-old man. New York City woman 2021

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Penny faces up to 19 years in prison if convicted.

The trial will resume on Monday, November 4 at 10am