The Trial of Daniel Penny Commences
The trial for the death of Jordan Neely, which occurred in a crowded Manhattan subway car in May 2023, is set to commence. The case gained international attention due to footage captured by a bystander, which showed former Marine Daniel Penny restraining Neely, a homeless man, in a fatal chokehold. Jury selection for the trial is scheduled to start on Monday.
Penny, who has maintained that his actions were to protect other passengers from a supposedly threatening Neely, is facing charges of second-degree manslaughter and criminally negligent homicide. Neely, who was known as a homeless Michael Jackson impersonator with a history of mental health issues, died after Penny held him in a chokehold for several minutes. Prosecutors argue that Penny acted recklessly, leading to Neely’s death, even though they don't have to prove an intent to kill.
The Prosecution's Argument
The office of Manhattan District Attorney Alvin Bragg has argued that Penny was aware during the encounter that his actions could potentially lead to Neely’s death, even if that was not his intention. They have cited testimony from a Marine trainer who informed the grand jury that Marines are taught that chokeholds, which are intended to be a “non-lethal” restraint, can sometimes result in death.
The prosecution will also present evidence that Penny held Neely in a chokehold for six minutes, continuing to restrain him even after Neely had stopped making purposeful movements. According to the DA’s office, the idea that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond comprehension.
Penny, a former infantry squad leader, has insisted that he did not intend to kill Neely. However, the DA's office only needs to convince the jury that Penny “recklessly” caused Neely’s death or disregarded a “substantial and unjustifiable risk of death” when he held Neely in a chokehold for several minutes.
Julie Rendelman, a former prosecutor, has suggested that the prosecution will likely show video footage of the incident in slow motion to emphasize Penny’s extended use of force. According to Rendelman, it would be a big mistake for prosecutors to argue that Neely posed no danger to anyone before Penny intervened.
The Defense's Strategy
Penny’s defense attorneys, Thomas Kenniff and Steven Raiser, are expected to argue that their client’s actions were justified, citing Neely’s erratic and threatening behavior. Witnesses reported that Neely was shouting that “someone is going to die today” and stated that he was “ready to go to Rikers.”
The defense is likely to question the medical examiner’s conclusion that Penny’s chokehold directly caused Neely’s death. They have argued that the examiner did not provide specific evidence that Neely died from asphyxiation. They may also introduce evidence of Neely’s drug use, referring to toxicology reports that showed Neely had the synthetic drug K2 in his system. While they acknowledge that the reports do not specify the quantity, they suggest that the drug could have been a contributing factor to Neely’s death.
Potential Witnesses
It is expected that several witnesses who were on the train, police officers who responded to the scene, and detectives who interviewed Penny will testify. The city medical examiner’s office will likely present its findings, and the prosecution may call on psychological experts to provide insight into Penny’s mindset during the encounter.
There is speculation about whether Penny himself will testify. Legal observers are divided on this, but Rendelman believes that Penny probably needs to testify, as the jury will likely want to hear his perspective on the events that transpired.
The Stakes and Challenges
If Penny is convicted of second-degree manslaughter, he could face up to 15 years in prison. A conviction on the lesser charge of criminally negligent homicide carries a maximum sentence of four years. The final decision on sentencing would be made by Manhattan Supreme Court Justice Maxwell Wiley.
Jury selection is expected to be a crucial phase of the trial, as potential jurors’ personal experiences on the subway could influence their perspectives. Jason Goldman, a Brooklyn prosecutor, has said that jury selection is always a significant part of any case, but for this particular case, its importance is magnified tenfold.
Rendelman has also stated that one of the defense's arguments will likely be that even if Penny’s initial claim of self-defense is true, there was a point in time where self-defense no longer applied.
Bottom Line
The trial of Daniel Penny promises to be a significant event, with potential implications for how self-defense is interpreted and applied in law. The case raises important questions about the use of force and the responsibility of individuals in volatile situations. What are your thoughts on this case? Do you think the defense's argument of self-defense is valid, or do you agree with the prosecution's claim of reckless behavior? Share your thoughts and this article with your friends. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
The Trial of Daniel Penny Commences
The trial for the death of Jordan Neely, which occurred in a crowded Manhattan subway car in May 2023, is set to commence. The case gained international attention due to footage captured by a bystander, which showed former Marine Daniel Penny restraining Neely, a homeless man, in a fatal chokehold. Jury selection for the trial is scheduled to start on Monday.
Penny, who has maintained that his actions were to protect other passengers from a supposedly threatening Neely, is facing charges of second-degree manslaughter and criminally negligent homicide. Neely, who was known as a homeless Michael Jackson impersonator with a history of mental health issues, died after Penny held him in a chokehold for several minutes. Prosecutors argue that Penny acted recklessly, leading to Neely’s death, even though they don't have to prove an intent to kill.
The Prosecution's Argument
The office of Manhattan District Attorney Alvin Bragg has argued that Penny was aware during the encounter that his actions could potentially lead to Neely’s death, even if that was not his intention. They have cited testimony from a Marine trainer who informed the grand jury that Marines are taught that chokeholds, which are intended to be a “non-lethal” restraint, can sometimes result in death.
The prosecution will also present evidence that Penny held Neely in a chokehold for six minutes, continuing to restrain him even after Neely had stopped making purposeful movements. According to the DA’s office, the idea that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond comprehension.
Penny, a former infantry squad leader, has insisted that he did not intend to kill Neely. However, the DA's office only needs to convince the jury that Penny “recklessly” caused Neely’s death or disregarded a “substantial and unjustifiable risk of death” when he held Neely in a chokehold for several minutes.
Julie Rendelman, a former prosecutor, has suggested that the prosecution will likely show video footage of the incident in slow motion to emphasize Penny’s extended use of force. According to Rendelman, it would be a big mistake for prosecutors to argue that Neely posed no danger to anyone before Penny intervened.
The Defense's Strategy
Penny’s defense attorneys, Thomas Kenniff and Steven Raiser, are expected to argue that their client’s actions were justified, citing Neely’s erratic and threatening behavior. Witnesses reported that Neely was shouting that “someone is going to die today” and stated that he was “ready to go to Rikers.”
The defense is likely to question the medical examiner’s conclusion that Penny’s chokehold directly caused Neely’s death. They have argued that the examiner did not provide specific evidence that Neely died from asphyxiation. They may also introduce evidence of Neely’s drug use, referring to toxicology reports that showed Neely had the synthetic drug K2 in his system. While they acknowledge that the reports do not specify the quantity, they suggest that the drug could have been a contributing factor to Neely’s death.
Potential Witnesses
It is expected that several witnesses who were on the train, police officers who responded to the scene, and detectives who interviewed Penny will testify. The city medical examiner’s office will likely present its findings, and the prosecution may call on psychological experts to provide insight into Penny’s mindset during the encounter.
There is speculation about whether Penny himself will testify. Legal observers are divided on this, but Rendelman believes that Penny probably needs to testify, as the jury will likely want to hear his perspective on the events that transpired.
The Stakes and Challenges
If Penny is convicted of second-degree manslaughter, he could face up to 15 years in prison. A conviction on the lesser charge of criminally negligent homicide carries a maximum sentence of four years. The final decision on sentencing would be made by Manhattan Supreme Court Justice Maxwell Wiley.
Jury selection is expected to be a crucial phase of the trial, as potential jurors’ personal experiences on the subway could influence their perspectives. Jason Goldman, a Brooklyn prosecutor, has said that jury selection is always a significant part of any case, but for this particular case, its importance is magnified tenfold.
Rendelman has also stated that one of the defense's arguments will likely be that even if Penny’s initial claim of self-defense is true, there was a point in time where self-defense no longer applied.
Bottom Line
The trial of Daniel Penny promises to be a significant event, with potential implications for how self-defense is interpreted and applied in law. The case raises important questions about the use of force and the responsibility of individuals in volatile situations. What are your thoughts on this case? Do you think the defense's argument of self-defense is valid, or do you agree with the prosecution's claim of reckless behavior? Share your thoughts and this article with your friends. Don't forget to sign up for the Daily Briefing, which is delivered every day at 6pm.
