Prosecutor says veteran’s subway chokehold ‘went too far.’ Defense says his ‘courage’ helped others

NEW YORK (AP) — Prosecutors and defense lawyers work together connected this astir Marine seasoned Daniel Penny’s brushwood past twelvemonth pinch a distressed, angry man making ominous remarks connected a New York subway: Penny didn’t mean to termination him.

But a charismatic told jurors Friday that Penny “went measurement excessively far” successful trying to neutralize personification he saw arsenic a threat and not arsenic a person, while a defense lawyer said Penny showed “courage” and put others’ use up of his ain erstwhile he placed Jordan Neely successful a chokehold that ended pinch Neely limp connected nan floor.

Both sides gave opening statements Friday successful nan manslaughter trial surrounding Neely’s death. The lawsuit has rattled responsibility lines surrounding race, homelessness, perceptions of nationalist information and bystanders’ responsibility.

Penny’s critics spot him arsenic a achromatic vigilante slayer of a Black man who was behaving erratically and making dire statements but wasn’t equipped and hadn’t assaulted aliases moreover touched anyone successful nan subway car. Supporters in installments nan 25-year-old Penny pinch taking action to protect frightened riders — action that he has said was meant to defuse, not kill.

Prosecutor Dafna Yoran told jurors nan lawsuit isn’t “a referendum connected our society’s nonaccomplishment to woody pinch intelligence unwellness and homelessness connected nan subway,” nor connected constabulary response, connected whether Penny had a correct to intervene earlier officers arrived aliases moreover connected whether his first determination to usage a chokehold was appropriate.

Rather, she said, “He utilized acold excessively overmuch unit for acold excessively long. He went measurement excessively far.”

She said he showed “indifference” toward Neely and “didn’t admit his humanity.”

Not so, said defense lawyer Thomas Kenniff. He told jurors that Penny applied only arsenic overmuch unit arsenic needed to incorporate a “seething, psychotic” man who had lunged toward a female pinch a mini kid and declared, “I will kill.”

“In that moment, Danny could look distant and pray, aliases he could summon nan courageousness to put nan information of his neighbors supra that of himself, to protect those who could not protect themselves,” and he did nan latter, Kenniff said.

“It doesn’t make him a hero. But it doesn’t make him a killer.”

Jurors, who were quizzed earlier astir their subway experiences, later saw constabulary assemblage camera video of officers trying to revive Neely connected nan subway level and Penny calmly explaining he had “put him out.”

The lawsuit has been absorbed into nan United States’ fractious politics, pinch Republican officials speaking up for Penny and Democratic ones attending Neely’s funeral. Both supporters and critics of Penny person held demonstrations; Penny arrived astatine nan courthouse Friday to captious chants from a mini group of protesters.

Once successful court, Penny sat consecutive up successful his spot astatine nan defense table, mostly looking straight ahead. A personnel of Neely’s family who was successful nan assemblage sometimes sniffled pinch tears.

“We cognize who nan unfortunate is successful this case, and we cognize who nan villain is,” family lawyer Donte Mills said extracurricular court.

Neely’s life was tattered by intelligence unwellness and supplier usage aft his mother was murdered and stuffed successful a suitcase erstwhile he was a teen, his family has said. By 30, he sometimes entertained subway riders arsenic a Michael Jackson impersonator, but he besides had a criminal grounds that included assaulting a female astatine a subway station.

Penny, an architecture student who served 4 years successful nan Marines, was going from a assemblage people to a gym erstwhile he encountered Neely connected a subway May 1, 2023.

Neely was begging for money, shouting astir being consenting to dice aliases spell to jail, and making abrupt movements, according to witnesses. Yoran said Neely talked astir hurting people.

Penny put his limb astir nan man’s neck, took him to nan level and held Neely there, pinch Penny’s legs astir him.

With a bystander signaling immoderate of nan brushwood connected video, Penny held Neely for astir six minutes, Yoran said. The clasp continued arsenic nan train stopped astatine a station, each but 2 chap riders sewage off, those 2 helped restrain Neely, and different warned Penny, “If you don’t fto him spell now, you’re going to termination him,” according to her connection and tribunal papers.

Kenniff said Penny was pleading pinch chap passengers to telephone constabulary and that he kept holding Neely because nan man periodically flailed aliases tried to get up.

Penny yet released Neely astir a infinitesimal aft his assemblage went limp, prosecutors said. He waited for police, but Yoran noted that though Penny was trained successful first aid, he didn’t cheque Neely’s breathing aliases beat aliases effort to revive him.

Penny later told constabulary that he had simply wanted to “de-escalate” nan edgy business and wasn’t trying to injure Neely but alternatively “to support him from hurting anyone else.”

City medical examiners determined that Neely died from compression of nan neck. Penny’s lawyers mobility that finding.

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