Marine on Trial for Chokehold Death of NYC Subway Performer

Marine on Trial for Chokehold Death of NYC Subway Performer

Daniel Penny, a former US Marine, is standing trial this week for killing Jordan Neely, a homeless man, in a chokehold on a New York subway train.

Penny, 25, pleaded not guilty to charges of second-degree manslaughter and negligent homicide. He claims he acted in self-defense after Neely, 30, began shouting at passengers and asking for money.

<figure> <img src="https://ichef.bbci.co.uk/ace/standard/999/cpsprodpb/ee84/live/05156e00-80d3-11ef-ba9f-0d6c7a088de7.jpg" alt="Daniel Penny in grey suit with no tie with his arms behind his back, next to police officer in uniform and being escorted by police officer in suit jacket." loading="eager" width="999" height="561.7507477567299"> <figcaption>Daniel Penny being escorted by police officers</figcaption> </figure>

Witnesses say Neely, a well-known Michael Jackson impersonator in Times Square, was not physically attacking anyone before Penny restrained him. The incident, caught on camera by a freelance journalist, shows Penny holding Neely in a chokehold for several minutes. Despite Neely's pleas for help and statements about being willing to return to jail or die, emergency responders were unable to revive him. The city medical examiner ruled his death a homicide, caused by compression of the neck.

The case has ignited controversy, with some praising Penny as a hero while others accuse him of vigilante justice. This trial is expected to focus on the legitimacy of Penny's self-defense claim and the broader issue of how to address homelessness and mental illness in the city.

The case is reminiscent of the 2014 death of Eric Garner, who was restrained by police in a chokehold, and the 2020 death of George Floyd in Minneapolis. Both incidents sparked nationwide protests and calls for police reform. The New York State has since banned police from using chokeholds during arrests, but this case raises questions about the legality of citizens using similar tactics in self-defense.

Jury selection begins Monday. This trial is expected to be closely watched as it could set a precedent for future cases involving self-defense and the use of force.