Man on trial in NYC subway death went 'way too far,' prosecutors say in opening statements

Daniel Penny went “way too far” when he put Jordan Neely in a chokehold on a New York City subway train last year until he died, a Manhattan prosecutor told jurors Friday during opening statements in Penny’s manslaughter trial.

Daniel Penny went “way too far” when he put Jordan Neely in a chokehold on a New York City subway train last year until he died, a Manhattan prosecutor told jurors Friday during opening statements in Penny’s manslaughter trial.

Assistant District Attorney Dafna Yoran said that while Penny’s initial intent to protect other passengers from someone he perceived as a threat was laudable, that praise vanished when he continued to hold onto Neely after he had lost consciousness and after the other passengers had safely exited the train car.

“A chokehold is only permitted when it’s absolutely necessary and only for as long as it’s absolutely necessary,” Yoran told jurors. “And here, the defendant went way too far.”

Penny, 26, is charged with manslaughter and criminally negligent homicide in the May 1, 2023, killing of Neely, 30, a homeless Black man who had a history of mental illness and sometimes entertained subway riders as a Michael Jackson impersonator.

Former Marine Daniel Penny arrives at Manhattan criminal court on June 28, 2023.Yuki Iwamura / AFP via Getty Images fileYoran said that when Neely boarded the train that day, he was homeless, suffering from mental illness and high on synthetic cannabinoids. He talked about being hungry, thirsty and made threats about hurting people and wanting to go back to jail, which frightened people on the train, Yoran said.

https://www.nbcnews.com/news/us-news/daniel-penny-trial-begins-opening-statements-rcna178357

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