Closing arguments begin in Daniel Penny trial

(NEW YORK) — Closing arguments began Monday in the trial of Daniel Penny over the May 2023 subway chokehold death of Jordan Neely.

Penny, a 25-year-old former Marine, put Neely, a 30-year-old homeless man, in a six-minute-long chokehold after Neely boarded a subway car acting erratically, according to police. Neely entered a subway car on an uptown F train at the Second Avenue stop, and was described by witnesses as yelling and moving erratically when Penny put Neely in a chokehold, officials said.

Penny is charged with manslaughter and negligent homicide in Neely’s death. He pleaded not guilty.

He faces up to 15 years in prison if he’s convicted of manslaughter. There is no minimum sentence.

The proceedings began late so the defense could fix two audio exhibits. The prosecutors alleged the defense had “willy nilly edited” the audio and “taken out what they don’t like.” Assistant District Attorney Dafna Yoran said it would be misleading for the jury to hear an edited excerpt.

The judge agreed, and the defense recut the exhibits, so jurors were clear they were hearing edited portions.

The delay means the jury will likely not begin deliberations until Tuesday. If necessary, the judge asked jurors to consider continuing their deliberations Wednesday, when the trial did not sit.

The prosecution’s closing argument

“No one had to die on May 1, 2023,” a prosecutor said Monday during her closing argument in the Daniel Penny trial.

The prosecutor, Dafna Yoran, conceded Jordan Neely entered the subway car in an “extremely threatening manner” but she argued “so much less than deadly physical force would have done the job of protecting the passengers from Mr. Neely.”

Yoran has said Penny’s initial intentions were “laudable” but he held on too long.

“Daniel Penny, the defendant, could have easily restrained Jordan Neely without choking him to death,” Yoran said in her closing argument.

The defense’s closing arguments

The defense attorney, Steven Raiser, asked jurors in closing arguments to imagine they were on the train that day, conjuring the scene with sound effects of closing doors, a train pulling out of a station and police body camera footage of passengers saying Neely “scared the living daylights out of everybody.”

A “violent and desperate” Jordan Neely entered the uptown F train on May 1, 2023, “filled with rage and not afraid of any consequences,” causing passengers to be “frozen with fear” before Daniel Penny “acted to save those people,” a defense attorney said Monday during closing arguments at Penny’s manslaughter and negligent homicide trial.

In its summation, the defense challenged the prosecution’s assertion that Penny held Neely in a chokehold for “way too long,” and did not let go for almost six minutes. Raiser said Penny did not intend to kill Neely but did not let go because Neely was fighting back.

“Of course, he didn’t. He had to remain in place out of fear that Neely would break free,” Raiser said.

The city’s medical examiner concluded Penny’s chokehold killed Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.

Defense attorney Steve Raiser argued that Penny “was not applying a textbook Marine blood choke because his purpose was not to render Mr. Neely unconscious,” Raiser said. Raiser said Penny applied a chokehold “in a less aggressive manner,” reflecting his character.

“He could have squeezed Mr. Neely to unconsciousness,” Raiser said. “Instead, he laid with him on the dirty subway floor while the smell of uncleanliness…and feces enveloped him.”

The defense summation included an image of the two men on the subway floor: “It’s basic human instinct to grab at the arm choking you. You don’t see that here because Danny’s not choking him,” Raiser said.

Raiser argued Penny was not applying pressure on Neely’s neck in the hold’s final 51 seconds and the whole case represented a rush to judgment: “This was not a chokehold death,” Raiser said. “They failed to prove their case, period.”

During the trial

During the trial, prosecutors argued that Penny went “way too far,” holding Neely around the neck for nearly six minutes, past the point when he posed a threat. About 30 seconds after Penny put Neely in the chokehold, the train arrived at the next station and many passengers left the train car, according to court filings.

Footage of the interaction between Penny and Neely, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of passengers nearby.

Prosecutors argue that Penny should have known that his minutes-long chokehold was turning fatal.

Witness accounts of Neely’s behavior that day differ.

In court filings, some passengers described their fear. One passenger said they “have encountered many things, but nothing that put fear into me like that.” Another said Neely was making “half-lunge movements” and coming within a “half a foot of people,” according to court filings.

Other passengers on the train that day said they didn’t feel threatened — one “wasn’t really worried about what was going on” and another called it “like another day typically in New York. That’s what I’m used to seeing. I wasn’t really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don’t really hear anybody saying anything like that.”