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Daniel Penny Trial - CNN

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123 views4 pages

Daniel Penny Trial - CNN

Uploaded by

Bhadresh Prajapati
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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12/3/24, 3:06 PM Daniel Penny trial: Jury begins deliberations in Jordan Neely subway death case | CNN

Jury begins deliberations in NYC subway


chokehold trial
By Lauren del Valle, Gloria Pazmino, Celina Tebor and Eric Levenson, CNN
4 minute read · Updated 3:19 PM EST, Tue December 3, 2024

Daniel Penny arrives at Manhattan Criminal Court on December 03, 2024, in New York City. Michael M.
Santiago/Getty Images

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(CNN) — A Manhattan jury began deliberating Tuesday in the manslaughter trial of Daniel Penny, the
former Marine charged in the chokehold death of a homeless man on a New York City subway last year.

Penny, 26, is facing charges of second-degree manslaughter and criminally negligent homicide in the
death of Jordan Neely, a 30-year-old street artist and Michael Jackson impersonator.

Neely had entered a New York City subway car in May 2023, yelling at passengers that he was hungry and
thirsty and didn’t care whether he died, according to witnesses. Penny grabbed Neely from behind in a
chokehold, forced him to the train floor and restrained him there for several minutes.

Prosecutors have said Penny acted recklessly, while his defense has said he was acting to protect others
from a threat.
https://www.cnn.com/2024/12/03/us/jury-begins-deliberations-nyc-subway-chokehold-trial/index.html 1/9
12/3/24, 3:06 PM Daniel Penny trial: Jury begins deliberations in Jordan Neely subway death case | CNN

RELATED ARTICLE
Closing arguments in the NYC subway chokehold trial began today. Here’s how we got here

Several minutes of the chokehold were captured on bystander video, making it the key piece of evidence
in the trial.

The case has polarized NYC residents, many of whom have personal experiences with disorder on the
subways, and raised broader questions about mental health, race relations and the line between protector
and vigilante. Black Lives Matter protesters have added Neely’s name to its roll call of victims – including
just outside the courthouse – while others have praised Penny’s efforts to try to protect others.

If convicted, Penny faces up to 15 years in prison on the manslaughter charge or up to four years on the
criminally negligent homicide charge, or the judge could choose not to sentence Penny to prison time.

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The 12-person jury began deliberations just after 1 p.m. Tuesday. Less than 90 minutes later, the group
sent a note to the court asking to rehear part of the jury instructions on how to consider the charges
against Penny.

In closing arguments Monday, the defense argued Penny “was justified in the actions he took to protect
the other riders.”

https://www.cnn.com/2024/12/03/us/jury-begins-deliberations-nyc-subway-chokehold-trial/index.html 2/9
12/3/24, 3:06 PM Daniel Penny trial: Jury begins deliberations in Jordan Neely subway death case | CNN

Jordan Neely is pictured in New York's Times Square in 2009. Andrew Savulich/New York Daily
News/Tribune News Service/Getty Images

Neely “was on a collision course with himself” and Penny “acted when others could not,” defense attorney
Steven Raiser said during his two-hour closing argument.

The defense has also challenged the medical examiner’s determination Neely died from the chokehold and
suggested the charges were brought because of “a rush to judgment based on something other than
medical science.”

Prosecutor Dafna Yoran, in her closing arguments that lasted more than three hours over two days, said it
was admirable Penny intended to protect fellow passengers but “he just didn’t recognize that Jordan
Neely’s life too needed to be preserved.”

“We are here today because the defendant used way too much force for way too long in way too reckless
of a manner,” she said.

The prosecutor told jurors self-defense is legally justified on rare occasions. While Neely might have
threatened deadly physical force on the subway, a reasonable person should’ve known he wasn’t capable
of carrying out the threat, Yoran argued.

Finally, she acknowledged to the jury that this was a difficult case but said Penny must still be held
accountable.

“This is a hard case. It’s hard to find someone guilty of a killing that they didn’t intend on,” she said.

What happened at the trial

The trial began November 1 and has featured testimony, video and 911 calls from subway riders,
responding police officers and martial arts and medical experts.

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12/3/24, 3:06 PM Daniel Penny trial: Jury begins deliberations in Jordan Neely subway death case | CNN

Video Ad Feedback

Witness describes chokehold death incident on New York's subway


03:41 - Source: CNN

The prosecution called more than 30 witnesses to the stand, including one man who helped restrain
Neely’s arms during the struggle and testified he advised Penny to loosen his grip. “I’m going to grab his
hands so you can let go,” Eric Gonzalez told Penny, according to his testimony.

Further, Gonzalez could be heard in video footage of the incident saying that Penny wasn’t “squeezing”
Neely’s neck in the 51 seconds before he released the chokehold. Gonzalez also testified he initially lied to
investigators about what he saw and did on the subway out of fear he would be “pinned” for the killing.
Prosecutors promised not to charge him in the case, he testified.

In addition, the Marine Corps martial arts expert who trained Penny in chokeholds testified that Penny was
aware the holds could be lethal.

RELATED ARTICLE
Daniel Penny’s defense centers on disputing Jordan Neely’s cause of death on NYC subway

Several subway riders testified they were terrified Neely was going to attack and that they were relieved
when Penny put him in a chokehold and kept him there.

“Restraining him for the moment was a relief, but if he would have gotten up, he would have done what he
would have done,” subway rider Caedryn Schrunk said.

The defense’s case focused on emphasizing Neely’s threatening behavior, character witnesses from
Penny’s time in the US Marines and challenges to the medical cause of Neely’s death.

Penny served four years in the Marines as a sergeant, from 2017 to 2021, with his last duty assignment at
Camp Lejeune in North Carolina, according to military records.

The city medical examiner who performed Neely’s autopsy, testifying for the prosecution, ruled the cause
https://www.cnn.com/2024/12/03/us/jury-begins-deliberations-nyc-subway-chokehold-trial/index.html 4/9

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