Jury selection set to begin as Daniel Penny faces trial in subway Jordan Neely choked to death

Opening statements in the case are expected to begin in mid-November and the trial could last up to six weeks.

Penny, who was discharged from the Marine Corps in 2021 after serving four years, pleaded not guilty to the charges in June of last year and has since been free on bond.

His lawyers are expected to argue that several passengers feared for their safety as Neely, who was unhoused and had a history of mental illness, began screaming and acting erratically.

They should also argue that Penny never intended to harm Neely.

“You have an individual who says he was scared by this gentleman, Mr. Neely, and (Penny) had to act,” said Steven Raiser, Penny’s attorney. “We have several additional witnesses who come forward and say, ‘Yes, he’s right. That’s exactly how I felt too.'”

Prosecutors are expected to argue that Penny used excessive force because witnesses said Neely never displayed a weapon or attacked anyone on the subway.

Penny’s lawyers said several witnesses on the subway that day would testify to their fear of Neely. Prosecutors said they would also present witnesses in the same train car who said they did not have the same level of fear and did not find it abnormal for the wide range of characters who ride the New York subway.

Some had cited race as a factor. Neely was black and Penny, who was initially released by police shortly after questioning following Neely’s death, is white.

Phone recordings of the incident taken by the passengers, which the prosecution and defense say support their arguments, will also be presented to the jury during the trial.