Daniel Penny, the white ex-Marine charged with choking homeless Black subway performer Jordan Neely to death on an F train last year, is set to go on trial
this week.on Monday for the start of jury selection in the trial, with the Long Island native’s fate up to 12 jurors in a case that has sparked intense debate on racial profiling, vigilante justice, and the city’s treatment of the homeless and mentally ill.
Penny was caught on video restraining Neely on the floor of an F train in Manhattan on May 1, 2023, holding Neely by the neck — with assistance from two other passengers — for several minutes until and even after he stopped moving. What happened before the footage started rolling is a matter of intense debate. Witnesses have said Neely was screaming and acting erratically towards other passengers on the train, and Penny has argued he took action to protect himself and other riders. But there is no indication Neely had physically threatened anyone prior to Penny’s intervention.
Jordan Neely, a Michael Jackson impersonator who was homeless, died on May 1, 2023 after being choked on the F train in Manhattan.throughout the city. Protesters plan to demonstrate outside the Manhattan criminal courthouse for the duration of the trial; jury selection begins on Monday.Penny and his lawyers insist the ex-Marine was acting in self-defense and did not intend to kill Neely. But prosecutors need not prove intent, only that Penny’s actions were reckless and caused Neely’s death.
Much like the Kyle Rittenhouse case, in which a white teenager shot multiple protesters, Penny has become a cause celebre for right-wing politicians and pundits.
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