New York man accused of choking man on subway to begin trial

(ASSOCIATED PRESS) Jury selection began Monday in the criminal trial of the U.S. Marine Corps veteran charged with manslaughter for placing a man in a deadly chokehold on a New York City subway train last year.

Daniel Penny, 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer. Witnesses say Neely was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.

Neither Penny nor his lawyers commented as they arrived at court Monday. He has pleaded not guilty in the case, which sparked debate and division locally and across the country.

After Neely's death, protesters took to the streets to demand that authorities arrest Penny — who is white; Neely was Black — while others rallied in support outside the courthouse once he was charged. The case also became a cause celebre among Republican presidential hopefuls.

Penny, who served four years in the Marines before being discharged in 2021, has been free on a $100,000 bond. He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.

More than 80 potential jurors were brought into court Monday morning for a first round of screening focused on whether they have work or family obligations that could keep them from serving on a trial that's expected to continue into December.

Penny, when prompted by the judge during his introductory remarks, briefly stood, turned to the courtroom gallery and waved to prospective jurors. Otherwise, he sat mostly still, facing the judge in his blue suit as jurors were called up individually to the bench explain to the judge and lawyers their potential scheduling issues.

It will likely be days before prospective jurors are questioned about any beliefs, personal connections or life experiences that could affect their ability to serve fairly and impartially.

The selection process and potential two-week timeframe aren't uncommon in lengthy Manhattan trials.

[marianabarahona]

Penny is in trouble.

He jumped to conclusion and used military smarts instead of street smarts. Should have just left the subway car the momentt it stopped and took another subway car.


We all see crazy guys in the subway. Just ignore them.

All the witnesses said Neely was just yelling.


Yelling loudky doesn't mean you have to put him in chokehold as a preemptive.