A former U.S. Marine, Daniel Penny, is currently on trial for manslaughter charges in connection with the death of a homeless man, Jordan Neely, aboard a Manhattan subway. Prosecutors allege that Penny fatally choked Neely after throwing him to the ground and placing him in a chokehold for six minutes during a subway ride. Neely, known for his Michael Jackson impression, was reportedly acting erratically but non-violently at the time of the incident.
During the trial, Penny's defense team has sought to highlight his character and military service, presenting witnesses who described him as a calm and patriotic individual with a reputation for honesty and integrity. Penny's sister testified that he was a soft-spoken person who had a close-knit upbringing in a Long Island suburb.
The defense also called into question the findings of the city medical examiner, Dr. Cynthia Harris, who determined that Neely died as a result of the chokehold. Penny's attorney suggested that Neely's death may have been triggered by a pre-existing medical condition, specifically sickle cell disease, exacerbated by synthetic cannabinoids found in his system.
Witnesses, including a fellow subway rider and a former martial arts trainer in the Marines, testified about the encounter between Penny and Neely. Video footage shown in court depicted Penny demonstrating the chokehold technique to detectives during an interview.
The trial has brought to light conflicting accounts of the events leading to Neely's death, with the defense arguing that Penny acted in self-defense to subdue a threatening individual experiencing a mental health crisis. The prosecution, on the other hand, maintains that Penny showed indifference to Neely's life and used excessive force.