Jury selection set to begin as Daniel Penny faces trial in Jordan Neely subway choking death

Oct. 21 (UPI) -- Jury selection was expected to begin Monday in the manslaughter trial of Daniel Penny, who put Jordan Neely in a chokehold on a New York City subway last year leading to Neely's death.

Penny, 26, is charged with second-degree manslaughter and criminally negligent homicide in the incident in which he placed Neely, a street performer, in a chokehold until he died.

Opening statements in the case are expected to begin in mid-November and the trial could span up to six weeks.

Penny, who was discharged from the Marine Corps in 2021 after serving four years, pleaded not guilty to the charges in June last year and has been free on bond since.

His attorneys are expected to argue that several passengers feared for their safety as Neely, who was unhoused and had a history of mental illness, began yelling and acting erratically.

They are also expected to argue that Penny never intended to harm Neely.

"You have an individual that's saying that he was frightened by this gentleman, Mr. Neely, and [Penny] had to act," Steven Raiser, Penny's attorney said. "We have several additional witnesses that come up and say, 'Yes, he's right. That's exactly how I felt, too.'"

Prosecutors are set to argue that Penny used excessive force as witnesses said Neely never showed a weapon or attacked anyone on the subway.

Penny's attorneys said several witnesses on the subway that day would testify to their fear of Neely. Prosecutors said they will also present witnesses on the same train car who said they did not have the same level of fear and didn't find it out of the norm for the wide range of characters that ride the NYC subway.

Some had pointed to race as a factor. Neely was Black and Penny, who was initially released by police shortly after questioning after Neely'sdeath, is White.

Cellphone recordings of the incident taken by passengers, which the prosecution and defense claim show support for their cases will also be shown to a jury during the trial.