NEW YORK — Jurors in the high-profile chokehold manslaughter trial of Daniel Penny requested to review crucial police and bystander videos on Wednesday. This comes amid complaints from Penny’s legal team that he faced harassment from aggressive protesters outside the courthouse.
On the second day of deliberations, the jurors sent a note asking to see body camera footage from officers who responded to the subway incident where Penny intervened with Jordan Neely, a man whose erratic behavior alarmed passengers. They also sought a look at a six-minute video recorded by a journalist aboard the train and footage from Penny’s police interview.
Penny, a Marine veteran, has pleaded not guilty to manslaughter and criminally negligent homicide. His defense argues that Penny was acting in self-defense, believing he needed to protect other riders from Neely, who they claim posed a potential threat.
Prosecutors counters that Penny’s actions were reckless, suggesting he applied the chokehold too forcefully and for an excessive duration. Medical examiners concluded that the chokehold directly contributed to Neely’s death, although the defense asserts that Neely’s pre-existing conditions, drug usage, and mental health struggles played a significant role as well.
This case has ignited a broader discussion about public safety and the complexities surrounding mental health and homelessness. It has also raised questions about the fine line between self-defense and aggression, especially considering the racial dynamics, with Neely being Black and Penny being white.
Outside the courthouse, a small group of protesters have gathered consistently, criticizing Penny’s actions, while a supporter of Penny often shows up with a flag. On Wednesday, Penny’s lawyer, Thomas Kenniff, reported that a protester had followed Penny to a vehicle, banging on the doors while shouting slurs. Kenniff requested that the judge prohibit the protester from getting too close, but Judge Maxwell Wiley maintained the public’s right to observe court proceedings, stating that the situation had been monitored but had not escalated beyond permissible limits.
Witnesses indicated that on May 1, 2023, Neely entered a subway train in Manhattan and began behaving erratically, expressing his feelings of hunger and despair, stating that he was ready to die or even harm someone. In response to this alarming behavior, Penny intervened from behind, applying a chokehold to neutralize the perceived threat, later describing the action as necessary to ensure the safety of the other riders.
