Jury selection begins Monday – NBC 6 South Florida

Jury selection begins Monday in the trial of Daniel Penny, a retired Marine accused in the fatal subway suffocation of Jordan Neely.

Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Neely, a former Michael Jackson impersonator who screamed and demanded money on a Manhattan train last May.

To obtain a manslaughter conviction, which carries a prison sentence of up to 15 years, prosecutors would have to prove that Penny recklessly caused Neely’s death while aware of the risk of serious harm.

A criminally negligent homicide conviction would require the jury to find that Penny unjustifiably placed Neely at risk of death, but failed to perceive that risk. The maximum sentence would be four years in prison.

The suffocation death, which was caught on video by onlookers, sparked fierce debate in 2023, with some praising Penny as a good Samaritan while others accusing him of racist vigilantism. Penny is white and Neely was black.

Neely lost consciousness during the struggle. Family members and supporters have said Neely, who struggled with mental illness and homelessness, was seeking help and was confronted with violence.

Penny suffered a legal setback earlier this month when a Manhattan judge denied her request to prevent jurors from hearing some evidence in the case, including video of Penny’s police station interview the day Neely died, as well as different angles of the body camera footage. of the police

The defense did not want the jury to be able to see videos, but the judge decided to allow it.

“I’m not trying to kill the guy, I’m trying to de-escalate the situation,” Penny, 24, was heard saying during police questioning.

When asked what got him involved, Penny replied: “He was threatening people… there were women and children on the train.”

In one of the videos, Penny was seen telling an officer “I just kicked him out.”

Witness video from the day of the incident shows Penny, a Long Island native and Navy veteran, restraining Neely. Prosecutors have said the chokehold, which Penny maintained for several minutes, killed Neely, a 30-year-old homeless man and former Michael Jackson impersonator.

Body camera footage showed Neely lying on the ground. Officers could be seen saying he had a weak pulse, and were then shown performing CPR about four minutes after they arrived. Witnesses were also seen talking to police.

Body camera footage showed Neely lying on the ground. Officers could be seen saying he had a weak pulse, and were then shown performing CPR about four minutes after they arrived. Witnesses were also seen talking to police.

The case went on to grab headlines across the country. Penny was charged with second-degree manslaughter and criminally negligent homicide. Penny’s trial is scheduled to begin in late October.

Also shown was the moment inside the police station when Penny described what she said happened, saying the door on the northbound F train closed, Neely threw her jacket and then screamed, “I’m going to kill everybody and I don’t care if I go to jail forever.”

During her questioning, Penny stood up to show officers how she held her arm against Neely and then used her leg to knock him to the ground.

“I wasn’t trying to hurt him, I was trying to keep him from hurting anybody else. That’s what we learn in the Navy,” he later told officers.

The judge found that Penny’s statements were voluntary and that the officers did not violate her Miranda rights, which she had waived in the interrogation room.

Penny served in the Marines for four years and was discharged in 2021.

The defense said none of the interactions between Penny and the police should go to the jury because it was evidence of an illegal arrest. Penny’s lawyers argue that the officers should have read Penny her rights earlier.