Jury selection is beginning for the trial of Daniel Penny, a retired Marine charged in the subway chokehold death of Jordan Neely. Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide. To convict Penny of manslaughter, prosecutors must prove he recklessly caused Neely’s death while aware of the risk of harm, while a conviction for criminally negligent homicide would require showing Penny put Neely at risk of death without perceiving the risk. Neely, who struggled with mental illness and homelessness, lost consciousness during the struggle. The case sparked debate in 2023, with some praising Penny as a good Samaritan and others accusing him of racist vigilantism, as Penny is white and Neely was Black.
Recent legal developments include a judge denying Penny’s request to block certain evidence, including videos of Penny’s police interrogation and body camera footage. In the videos, Penny is heard saying he was trying to deescalate the situation and prevent harm to others. The body camera footage shows Neely on the ground, with officers noting a faint pulse before administering CPR. The defense argues that the arrest was illegal and that officers should have informed Penny of his rights earlier, while prosecutors maintain the arrest was lawful. Penny, a Marine veteran, served in the Marines for four years and was discharged in 2021. The trial is set to be a highly publicized event, given the circumstances surrounding the case and the national attention it has received.
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