Jury selection to begin for trial of man charged in NYC subway chokehold death

Jury selection is scheduled to commence on Monday for the trial of a man charged in the death of another individual following a chokehold incident on a New York City subway train. The defendant, a former U.S. Marine Corps veteran named Daniel Penny, is facing charges of manslaughter for allegedly causing the death of Jordan Neely on May 1, 2023.

Penny, now 25 years old, is accused of recklessly causing Neely’s death by placing him in a chokehold during an incident where Neely, a 30-year-old former street performer, was reported to be behaving erratically on the train. The trial, set to take place in a Manhattan court and expected to span six weeks, is projected to bring attention back to a case that triggered widespread debate and division.

The incident prompted protests with demands for Penny’s arrest, particularly due to the racial aspect as Penny is white and Neely was Black. Following Penny’s arrest, supporters gathered outside the courthouse, while the case also gained attention among Republican presidential candidates. Penny, who served in the Marines for four years before his discharge in 2021, has been out on bail amounting to $100,000.

If found guilty of second-degree manslaughter, Penny could face up to 15 years in prison, and up to four years if convicted of criminally negligent homicide. Eyewitnesses recounted that Neely, who had a history of struggles with drug addiction, mental health issues, and homelessness, was vocal and demanding money before Penny intervened.

Penny, along with two other passengers, restrained and held Neely down, even employing a chokehold that resulted in Neely losing consciousness. The medical examiner ruled the cause of death as homicide due to neck compression. Penny’s defence asserts that his intentions were not to cause Neely’s death but to subdue him until law enforcement arrived.

The defence team plans to present alternative theories for Neely’s passing, including the presence of a synthetic drug in his system. They also aim to refute claims of excessive force by highlighting video evidence circulating on social media. Prosecutors, on the other hand, argue that Penny’s actions were negligent and reckless regardless of his intent.

The upcoming trial has left Neely’s family anticipating what they hope will bring justice for the deceased victim. Amidst the preparations for the legal proceedings, both sides are gearing up for what could be a lengthy and contentious trial. The Manhattan District Attorney’s office, under Alvin Bragg, has refrained from commenting before the trial begins.

Family members of Jordan Neely, notably his uncle Christopher Neely, have expressed their eagerness for the trial to commence, viewing it as a crucial step towards justice for their loved one. As the trial unfolds, observers are set to closely monitor the proceedings and await the outcome of this high-profile case that has garnered significant public interest and scrutiny.

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