Manhattan DA admits it won’t be ‘easy’ to convict Daniel Penny of fatal NYC subway chokehold

A Manhattan charismatic admitted Friday that it whitethorn beryllium difficult for jurors to convict erstwhile Marine Daniel Penny of “recklessly” choking mentally sick subway busker Jordan Neely to death connected a crowded train.

“This is not an easy case… of a bad man doing a bad thing,” Assistant District Attorney Dafna Yoran told a group of 16 prospective jurors who whitethorn beryllium chosen to determine if Penny is blameworthy of manslaughter and criminally negligent homicide successful nan May 2023 caught-on-camera killing.

Penny, 25, craned his cervix and stared astatine nan imaginable panelists arsenic Yoran explained that prosecutors won’t reason that he intended to termination Neely, 30, erstwhile he placed him successful a chokehold for much than six minutes connected a northbound F train arsenic it approached nan Broadway-Lafayette station.

“It’s not easy uncovering personification blameworthy of sidesplitting personification erstwhile you cognize they didn’t mean it,” Yoran said during nan 5th time of assemblage action successful Manhattan Supreme Court.

Yoran besides asked nan group if they could determine connected nan ineligible issues successful nan lawsuit moreover aft proceeding “nice things” astir Penny, including that he served successful nan US Marines for 4 years.

“You’re not present to judge nan suspect arsenic a personification … You are present to fig retired what happened and did he perpetrate this crime,” she said.

The charismatic noted that nan tragic section started aft nan unarmed Neely, who suffered from intelligence unwellness and “self medicated” pinch nan synthetic marijuana supplier K2, was “acting erratically and menacingly” toward straphangers earlier Penny restrained him.

“So he’s nan 1 who really group into motion,” Yoran said, of Neely. “It could beryllium tempting to deliberation he brought this upon himself and he’s responsible for his ain death.”

But “under nan law, each life is nan same,” nan charismatic said.

After being questioned by Justice Maxwell Wiley and nan DA’s Office, much than a half twelve of nan imaginable jurors besides said that they’ve felt “personally threatened” while riding metropolis subways.

One prospective juror, an older achromatic man who lives successful Battery Park City, said he knowledgeable “aggressive panhandling” successful nan 1980s.

Another imaginable panelist, a younger achromatic man who moved to nan New York from Atlanta 3 years ago, was later asked whether he could, if nan grounds supports it, find that Penny was “reckless and unjustified” successful his actions.

He seemed uncertain successful his answer.

“It’s 2 people, but it’s 1 that you don’t really cognize successful nan infinitesimal what nan personification is going to do,” he responded.

No jurors have been chosen yet to service connected what’s expected to beryllium a six-week trial.

The process will proceed connected Monday, pinch Penny’s attorneys getting their chance to mobility imaginable jurors.

Penny faces up to 15 years successful situation if convicted of nan manslaughter charge.