Prosecutors said Metro’s chokehold on the veteran “went too far.” Defense says his ‘courage’ helped others

NEW YORK (AP) — Prosecutors and defense attorneys agree that Marine Corps veteran Daniel Penney made ominous comments to a distressed and angry man he met on a New York subway last year: Penny didn’t mean to kill him.

But a prosecutor told jurors Friday that Penny “went too far” in trying to eliminate someone he viewed as a threat rather than a person, while defense attorneys said Penny showed “courage” and Putting the welfare of others before your own interests. He choked Jordan Neely, eventually causing Neely to collapse on the floor.

Both sides gave opening statements Friday in the manslaughter trial surrounding Neely’s death. The case has sparked divisions around issues such as race, homelessness, notions of public safety and bystander responsibility.

Penny’s critics viewed him as a white vigilante killer who murdered a black man who acted erratically and made horrific comments but was unarmed and did not attack or even touch anyone on the subway car. Supporters praised Penny, 25, for taking action to protect the frightened rider, saying the actions were meant to defuse, not kill.

Prosecutor Dafna Yoran told jurors the case was not “a referendum on our society’s failure to deal with mental illness and homelessness on the metro” or on the police response , nor is it a referendum on whether Penny has the authority to intervene before the police arrive, or even whether he has the authority to intervene before the police arrive. It was initially decided that asphyxiation would be appropriate.

Instead, she said: “He used too much force for too long. He went too far.”

She said he showed “indifference” to Neely and “did not recognize his humanity”.

Defense attorney Thomas Kenniff said that was not the case. He told jurors Penny used only the force necessary to restrain an “angry, psychotic” man who lunged at a woman with a small child and declared “I’m going to kill someone.”

“In that moment, Danny could look away and pray, or he could find the courage to put the safety of his neighbors over his own to protect those who couldn’t protect themselves,” said Kenniff, who does To the latter.

“That doesn’t make him a hero. But that doesn’t make him a killer.”

Jurors who were questioned earlier about their subway experiences later saw police body camera video of the officer trying to revive Neely on the subway floor while Penny calmly explained that he “shooed him away” Got out”.

The case has been embedded in America’s fractious politics, with Republican officials speaking out for Penny and Democratic officials attending Neely’s funeral. Both Penny’s supporters and critics held demonstrations; Penny arrived at the courthouse on Friday to a small group of protesters chanting critical slogans.

After entering the courtroom, Penny sat upright in the defense table and stared straight ahead most of the time. Neely family members in the audience were in tears at times.

“We know who the victim was in this case and we know who the killer was,” family attorney Donte Mills said outside court.

Neely’s family said his life was torn apart by mental illness and drug abuse after his mother was murdered and stuffed into a suitcase when he was a teenager. At 30, he sometimes entertained subway passengers with his Michael Jackson impersonations, but he also had a criminal record, including assaulting a woman in a subway station.

Penny, an architecture student who served four years in the Marine Corps, was walking from a college class to the gym on May 1, 2023, when he met Neely on the subway.

According to witnesses, Neely was begging for money, shouting “death or jail” and making sudden movements. Yolan said Neely talked about hurting other people.

Penny put her arms around the man’s neck and brought him to the floor, holding Neely there with Penny’s legs around him.

A bystander captured part of the encounter on video, with Penny holding Neely for about six minutes, Yoland said. The seizure continued when the train stopped at the station and all but two passengers got off the train. The two men helped subdue Neely and another warned Penny, “If you don’t let him go now, you would kill him,” according to her statement and court documents.

Penny begged other passengers to call police and kept holding Neely as Neely periodically pumped his fists or tried to stand up, Kenniff said.

Prosecutors said Penny eventually released Neely after he went limp for nearly a minute. He waited for the police, but Yoland noted that despite Penny’s first aid training, he did not check Neely’s breathing or pulse or attempt to resuscitate him.

Penny later told police he was only trying to “de-escalate” the situation and was not trying to hurt Neely but to “prevent him from hurting anyone else.”

The city medical examiner determined Neely died from neck compression. Penny’s attorney disputed the finding.

Associated Press writers Joseph Frederick and David R. Martin contributed.