On March 20, a judge scheduled a trial for the former Marine Daniel Penny, who choked Jordan Neely, a Black homeless man, on a New York City subway last year. The trial is set to commence in October, according to Huffington Post.
Judge Max Wiley announced that Penny’s trial will commence on Oct. 8
and could last four to six weeks, according to ABC News. If found guilty, Penny could face up to 25 years in prison.Penny’s lawyers claimed Neely had been “aggressively threatening” Penny and others, prompting Penny to act in self-defense. Penny was charged with manslaughter in the second degree and pleaded not guilty.
Penny allegedly held Neely in a chokehold on the subway floor on May 1, 2023, until Neely’s body
went limp. Neely, well known for his Michael Jackson impersonation and dancing, had been yelling about his need for food and water just before the altercation, as captured in a video by witness Juan Alberto Vazquez.“The man got on the subway car and began to say a somewhat aggressive speech, saying he was hungry, he was thirsty, that he didn’t care about anything,” Vazquez told NBC New York.
Neely’s death was ruled a homicide by the New York Office of Chief Medical Examiner, citing “compression of neck (chokehold).” The incident sparked outrage and protests in New York, with many viewing it as emblematic of broader issues involving race, homelessness, crime, and mental illness.
Attorneys for Neely’s family expressed dissatisfaction with the manslaughter charges, advocating for a murder charge against Penny.
“Is that enough for someone who choked somebody out on a train and took their life?” Lennon Edwards, one of Neely’s family attorneys, questioned at a news conference. “Justice looks like a conviction for murder.”