Potential jurors grilled for Daniel Penny fatal subway chokehold trial

A sheet of Manhattanites was asked whether they could convict a antheral of taking another’s beingness if that hadn’t been his volition arsenic assemblage enactment continued Friday astatine erstwhile U.S. Marine Daniel Penny’s manslaughter proceedings for the decease of Jordan Neely.

Assistant District Attorney Dafna Yoran told 16 prospective jurors successful Manhattan Supreme Court that Penny didn’t mean to termination Neely erstwhile helium subdued him successful a chokehold aboard an uptown F bid connected May 1, 2023.

The authoritative said Penny’s archetypal intent to support frightened passengers — including “women and children” — from a stateless antheral acting erratic was “laudable,” not evil, but that his eventual effect “was truthful exaggerated that it was reckless” and violated the law. She asked them if they would beryllium capable to marque the distinction.

“Initially, it was a precise bully intent,” Yoran said. “It was the intent to support radical connected the subway car from a idiosyncratic helium perceived to beryllium a threat. That was the defendant’s archetypal intent.”

“It’s not casual uncovering idiosyncratic blameworthy of sidesplitting idiosyncratic erstwhile you cognize they didn’t mean it,” she continued. “What we’re going to beryllium to you is that helium went excessively acold — mode excessively far.”

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Jordan Neely successful 2009. (Andrew Savulich/New York Daily News)

Penny, 25, has pleaded not blameworthy to second-degree manslaughter and criminally negligent homicide for the incidental that played retired betwixt 2 subway stops connected a Monday day past year. The fateful brushwood occurred aft Neely boarded the bid astatine Second Ave. and started screaming that helium was consenting to dice oregon spell to prison, according to tribunal documents.

Prosecutors allege that aft intervening, Penny recklessly disregarded the 30-year-old Neely’s beingness by continuing to restrain him successful a lethal chokehold for immoderate six minutes, including “well past the point” that Neely stopped moving and aft passengers had exited from the bid car.

Neely, who was stateless and battling untreated schizophrenia astatine the time, was known to galore New Yorkers arsenic a Michael Jackson tribute artist. Manhattan Supreme Court Justice Maxwell Wiley connected Friday denied a petition from the defence to artifact grounds that Neely was unarmed during the brushwood that was mostly captured successful compartment telephone footage by bystanders.

Juan Alberto Vazquez

Screengrabs from video footage of the incident. (Juan Alberto Vazquez)

Yoran told the prospective panelists that, if selected to determine the case, they would perceive astir Penny’s work successful the Marines, arsenic good arsenic the victim’s past of addiction to the synthetic cause K2 and brushes with the instrumentality — but that those facts could person nary bearing connected their verdict.

“Something that you’re not going to beryllium capable to see successful this lawsuit is sympathy,” Yoran said, noting that immoderate mightiness beryllium tempted to reason Neely “brought this connected himself.”

“Under the law,” the justice said, “all beingness is the same.”

Prospective jurors, nary of whom person been selected yet for the trial, volunteered antithetic perspectives. More than six of them questioned Friday said they personally had felt threatened astatine immoderate constituent riding the subways successful New York City. Wiley ruled earlier this week that jurors’ identities would stay anonymous.

“I deliberation I request to beryllium excused from this due to the fact that I don’t bargain it astatine all, lady,” 1 older man, an Upper West Side nonmigratory from Tennessee, said.

Another antheral who lives successful Harlem and is primitively from Connecticut, who described himself arsenic a “weed connoisseur,” said he’d beryllium capable to justice the lawsuit impartially.

“At the extremity of the day, instrumentality is law,” helium said. “If the grounds proves itself correct, it is what it is.”

Penny, who could look up to 15 years successful authorities situation connected the apical number if convicted, watched intently arsenic Yoran walked imaginable jurors done themes that would travel up during the trial. His defence squad has claimed his actions were reasonable. They’re expected to query prospective jurors erstwhile the proceedings picks up Monday.

Penny’s attorney, Thomas Kenniff, told the Daily News, “We’re precise assured that the grounds and the facts are successful our client’s favor, and erstwhile a assemblage gets to spot each the evidence, that they’ll acquit.”

Originally Published: October 25, 2024 astatine 7:27 p.m.