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 chokehold 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 was screaming and begging for money on a Manhattan train last May .

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

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

The strangulation death, which was filmed by a bystander, sparked fierce debate in 2023, with some praising Penny as a good Samaritan while others accused him of racist vigilantism. Penny is white and Neely was black.

Neely lost consciousness during the struggle. Family members and supporters said Neely, who struggled with mental illness and homelessness, cried out for help and was subjected to violence.

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

The defense didn’t want the jury to see the videos, but the judge decided he would allow it.

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

When asked what made him get 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 said the chokehold, which Penny held 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, then showing him CPR about four minutes after they arrived. Witnesses were also seen speaking to police.

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

The case subsequently made headlines across the country. Penny was charged with second-degree manslaughter and criminally negligent homicide. Penny’s trial is expected to begin later in October.

Also shown was the moment inside the police station where Penny described what he said happened, saying the door to the northbound F train was closed, Neely threw down his jacket then screamed: “I’m going to kill everyone and I don’t care if I go to prison forever.”

During his interrogation, Penny stood up to show officers how he held his arm against Neely, then used his leg to drop him to the ground.

“I wasn’t trying to hurt him, I was trying to stop him from hurting anyone else. That’s what we learn in the Marine Corps,” he later told officers .

The judge concluded that Penny’s statements were voluntary and that the officers did not violate his Miranda rights, which he waived in the interrogation room.

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

The defense said no interaction between Penny and the cops should be put before the jury because it was evidence of an illegal arrest. Penny’s lawyers argue that the officers should have read Penny her rights sooner.