Jury Selection Begins in Trial of Daniel Penny Over Fatal Chokehold on NYC Subway

The video of a former U.S. Marine putting a chokehold on another man until he died will play a vital role for both the prosecution and defense. Jury selection started Monday in the trial of Daniel Penny, who is charged…

Sandra RhodesOct 21, 20243 min read

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Neely, who struggled with homelessness and mental illness, was shouting aboard a train in Manhattan the day he died, witnesses said.

Prosecutors agree that Neely was acting in an aggressively, according to court documents.

Steven Raiser, one of Penny’s attorneys, said about six witnesses will testify for the defense.

“You have an individual that’s saying that he was frightened by this gentleman, Mr. Neely, and he had to act,” Raiser said Thursday. “We have several additional witnesses that come up and say, ‘Yes, he’s right. That’s exactly how I felt, too.’”

Prosecutors have said in court documents that witnesses “differed sharply in their threat assessments.”

One witness said, “It was like another day typically in New York. That’s what I’m used to seeing,” according to grand jury minutes.

Another witness said, “I personally didn’t feel threatened.”

None of the witnesses who testified before the grand jury said Neely claimed to have a weapon or that he came into physical contact with anyone prior to Penny choking him, prosecutors said in court documents.

Penny served in the Marine Corps for four years before being discharged in 2021.

He pinned Neely to the ground with the help of two other passengers, according to prosecutors and the video, which shows Penny wrapping his legs around Neely’s body as the two are on the floo.

Prosecutors said Penny had Neely in a chokehold for about six minutes.

Police said Neely lost consciousness during the fight. An eyewitness told the grand jury he was grateful for Penny’s actions, but later, believed it was excessive, prosecutors said in court documents.

Raiser said the defense will prove a chokhold was not used, but Penny restrained Neely.

“The video’s been cited frequently as supporting the chokehold as going on too long,” Raiser said. “But in reality, the video proves that he wasn’t applying pressure, and he was holding Mr. Neely.”