Daniel Penny Trial: Update In Marine’s Fatal NYC Subway Chokehold Case

A former Marine accused of killing a homeless man on a New York City subway is expected to appear in court on Thursday for a pre-trial hearing.
Daniel Penny, 25, is charged with second-degree manslaughter and negligent homicide in the May 2023 death of 30-year-old Jordan Neely. Penny pleaded not guilty to both charges.
Neely, who was a well-known Michael Jackson impersonator, got on the subway at the Second Avenue station and reportedly began screaming and threatening people. Penny allegedly approached Neely from behind and placed him in a chokehold. First responders performed CPR on Neely before he was transported to a hospital, where he was pronounced dead. His death was ruled a homicide by compression of the neck.
The defense filed a motion to dismiss the charges against Penny, but it was denied by the judge in January. The trial is scheduled to begin on October 21.
Prosecutors recently responded to the defense’s request to allow forensic psychiatrist Dr. Alexander Bardey testify about Neely’s alleged abuse of the drug K2 and introduce over 6,000 pages of documents detailing Neely’s background.
“Their suggested introduction is a transparent attempt by the defense to smear the victim’s character so that the jury will devalue his life,” Assistant District Attorney Dafna Yoran wrote in the filing.
Yoran also said that Bardey’s testimony is unrelated to the fatal incident.
“Numerous witnesses will testify regarding Mr. Neely’s aggressive behavior on the date of the incident. The jury does not need and cannot be permitted to hear Dr. Bardey’s opine as to why Mr. Neely was aggressive,” Yoran said.
Penny’s attorney, Thomas Kenniff, wrote that the defense is not trying to smear Neely’s character.
“Instead … it is the Government’s motives that should be examined, as they seek to impede the jury’s truth-seeking function by suggesting that jurors be barred from considering facts relevant to issues material to this case,” Kenniff wrote in the response.
Kenniff also said the testimony would “demonstrate that Mr. Neely was likely under the influence of K2 and experiencing a psychotic episode when he boarded the Queens-bound F train on May of last year.”
Toxicology reports indicated Neely had K2 in his system when he died, according to Kenniff.
Penny is facing five to 15 years in prison for the manslaughter charge and up to four years for the negligent homicide charge. He is currently free on $100,000 bail.
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