Ex-Marine Daniel Penny to stand trial for choking aggressive black homeless man Jordan Neely to death on NYC subway

A white former Marine accused of fatally choking a black homeless man to death on a New York City subway will face trial in Manhattan this week. 

Jury selection is set to start in the case of Daniel Penny, who restrained Michael Jackson impersonator Jordan Neely after witnesses say he began acting erratically on a train on May 1, 2023.

Penny, 25, is charged with second-degree manslaughter for allegedly ‘recklessly causing the death’ of Neely, then 30, by placing him in a six-minute chokehold. 

The Manhattan court proceedings, which are expected to last six weeks, will place a spotlight back on a case which sparked debate and division across the country after footage of the incident went viral. 

Anti-racism protesters gathered outside the downtown courthouse on Monday – along with others who rallied in support of Penny, saying he saved commuters from Neely. 

Flyers for the anti-racism protest accuse Penny – who is on trial for manslaughter – of ‘murdering’ Neely. 

The poster describes Penny as a ‘white racist vigilante ex marine’ who ‘killed’ Neely, a ‘Black unhoused performance artist’ who was ‘pleading for food’. 

Organizers designed the poster to look like a subway notice while referencing the F line, which was where the incident unfolded. 

Demonstrators held signs reading ‘Rest in Power Jordan Neely’ and ‘Abolish the Police’, while counter-protesters wrote: ‘New York Stands with Daniel Penny’. 

Penny, who served four years in the Marines before being discharged in 2021, has been free on a $100,000 bond. 

He faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years if convicted of criminally negligent homicide.

Witnesses of the incident said Neely — who struggled with addiction and mental illness — had been shouting and demanding money when Penny approached him.

Penny pinned Neely to the ground with the help of two other passengers, and placed him in a chokehold for more than three minutes until Neely’s body went limp. 

The medical examiner’s office ruled the death a homicide caused by compression of the neck.

Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive. 

The former Marine has claimed Neely shouted, ‘I’m gonna’ kill you’ and that he was ‘ready to die’ or go to jail for life.

Penny’s attorney, Steven Raiser, said the defense plans to offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.

They’ll also argue that video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.

Prosecutors, in their court filings, have argued that Penny’s actions were reckless and negligent even if he didn’t intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.

Neely’s uncle, Christopher Neely, said he and other family members have been anticipating this moment.

‘Justice for Jordan is all we think about,’ he said last week.