Jury selection begins in Daniel Penny subway chokehold trial

NEW YORK -- Jury selection is underway in the trial of Daniel Penny , who is accused of putting Jordan Neely into a deadly chokehold on the subway in 2023.

The judge indicated Monday jury selection will likely be a long and tedious process. The next few days will be dedicated to screening potential jurors, asking them if they have any scheduling conflicts or know anyone on the witness list.

Twelve jurors will decide if Penny, a Marine veteran, is guilty of manslaughter and criminally negligent homicide in Neely's death. The highly anticipated trial is expected to take up to six weeks.

Protesters chanted "murderer" as Penny arrived Monday at Manhattan Criminal Court. While he remained quiet and stoic, the crowd of demonstrators across the street vowed to be there every day of trial, demanding a conviction.

"The brother is dead. He had no weapon. He was a victim of hunger and homelessness and mental trauma. And the answer to that is murder," said Omowale Clay, of the Dec. 12 Movement.

Jordan Neely's death

The deadly encounter happened on board an F train in SoHo on May 1, 2023.

Court documents say Neely, a 30-year-old street performer who struggled with homelessness and mental illness, boarded the subway at Broadway-Lafayette Street. Witnesses said he was shouting, throwing things and acting erratically when Penny approached him, pinned him to the ground and put in him a chokehold for several minutes.

Neely's death sparked days of protests and intense debate in the city. Some accused Penny of being a racist vigilante, while others praised him for being a good Samaritan.

Penny's lawyers have argued he only intended to hold Neely down until police arrived, as he was concerned for the safety of others. But prosecutors argued in court filings that Penny's actions were reckless and negligent , regardless of his intentions.

Judge rules evidence can be used in trial

Penny was charged with second-degree manslaughter and criminally negligent homicide , and released on $100,000 bail . He pleaded not guilty to the charges in June 2023 .

A judge later denied a motion to dismiss the charges .

Earlier this month, a judge ruled that comments Penny made to officers at the scene and during a videotaped station house interview can be used as evidence in his trial . His attorneys tried to argue Penny made the statements after being illegally detained, but the judge disagreed.

At that hearing, several officers testified Neely had a faint pulse when they arrived , so they did not perform CPR right away. Neely was given Narcan and eventually first responders did administer CPR, but he died at the scene. The medical examiner later ruled his death a homicide .

If found guilty on both counts, Penny faces up to 19 years in prison.