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Jury choice begins Monday within the trial of a Marine Corps veteran going through manslaughter fees after he appeared on cellphone video putting an erratic and aggressive subway passenger in a chokehold.
The passenger, Jordan Neely, 30, later died. He had a historical past of psychological sickness and a felony document that included prior allegations of violence throughout the New York Metropolis subway system.
Daniel Penny, 25, faces as much as 19 years in jail if convicted on fees of manslaughter and criminally negligent murder.
VETERAN IN SUBWAY VIGILANTE CASE WASN’T TOLD HE KILLED MAN THREATENING PASSENGERS DURING INTERROGATION
Daniel Penny returns after a break throughout his pre-trial listening to on the New York Supreme Prison Courtroom in Manhattan on Thursday, Oct. 3, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent murder within the 2023 demise of Jordan Neely on a New York Metropolis subway practice. (Julia Bonavita / Fox Information Digital)
“Our crew appears ahead to commencing the jury choice course of, and deciding on a good and neutral jury that can finally clear Danny of any wrongdoing,” one in every of Penny’s protection attorneys, Thomas Kenniff, instructed Fox Information Sunday earlier than the continuing.
Legal professionals for the veteran beforehand instructed Fox Information Digital there’s “overwhelming proof that Danny was justified within the actions he took to guard the commuters on that practice.”
Attorneys for Neely’s household, nonetheless, see it in a different way.
“This case is easy. Somebody received on a practice and was screaming, so another person choked them to demise,” stated lawyer Donte Mills. “These two issues don’t and can by no means steadiness.”
KEY WITNESSES IN DANIEL PENNY, JORDAN NEELY CASE REFUSE TO COOPERATE WITH DA BRAGG’S OFFICE: REPORT
Screenshot from bystander video exhibiting Jordan Neely, left, being held in a chokehold on the New York Metropolis subway. (Luces de Nueva York/Juan Alberto Vazquez by way of Storyful)
He argued that the outburst didn’t justify Penny’s intervention.
“Jordan had the best to take up his personal area,” he continued. “He was allowed to be on that practice and even to scream. He didn’t contact anybody. He was not a customer on that practice, in New York, or on this nation. Jordan was allowed to exist and Penny ceased his existence solely as a result of Penny believed he was extra vital than Jordan.”
Dozens of Neely supporters arrived earlier than the beginning of the listening to carrying “Malcom X” hats outdoors the Manhattan courthouse, some carried indicators calling on the town to “#AbolishPolice” and others blaming his demise on “White supremacist violence.”
A gaggle of protesters collect outdoors of Manhattan felony court docket in New York Metropolis on Monday, Oct. 21, 2024, the primary day of the trial of Daniel Penny, who’s on trial for the choking demise of Jordan Neely on a subway practice in 2023. (Barry Williams for Fox Information Digital)
In line with testimony from a movement listening to final month, Neely barged onto the practice after the tenth Road Station, ripped his jacket off and threatened to “kill anyone” in Might 2023.
Daniel Penny is escorted from the fifth precinct Manhattan station home on Might 12, 2023, in New York. (Barry Williams/New York Each day Information/Tribune Information Service by way of Getty Pictures)
“He was appearing like a lunatic, like a loopy individual,” Penny later instructed detectives. He stated after Neely tossed his jacket, he shouted one thing alongside the traces of, “If I don’t get this, this and this, I’ll go to jail ceaselessly.”
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There have been ladies and youngsters on the practice, and Penny stated he perceived a risk. When Neely walked into him, he stated, he put him in a chokehold.
“I am not attempting to kill the man,” he instructed detectives. “I am simply attempting to de-escalate the state of affairs.”
He stated that two different males on the practice helped him maintain Neely down as they waited for police to reach. He was nonetheless respiratory after they let go, and investigators testified that they had not instructed Penny of the person’s demise after they interviewed him on the precinct constructing later.
Marine vet Daniel Penny faces protesters as subway vigilante trial begins
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