Tuesday, December 3, 2024
Year : 2, Issue: 14
ABC7 News: Jurors began deliberating Tuesday in the trial of a military veteran charged with using a fatal chokehold to subdue a man whose behavior was alarming passengers on a New York subway train.
The anonymous jury is weighing manslaughter and criminally negligent homicide charges in the death of Jordan Neely, a troubled street performer who was homeless. The veteran, Daniel Penny, has pleaded not guilty.
Penny, 26, has said he was protecting fellow subway riders and intended only to restrain Neely and hold him for police, not to hurt him. Prosecutors say the Marine veteran used far too much force for too long when he gripped Neely by the neck for about six minutes.
The deliberations follow a month of testimony in the closely watched case. It has animated debate about public safety, societal responses to mental illness and homelessness, the line between self-defense and aggression, and the role of race in all of it.
Witnesses said Neely boarded a train under Manhattan on May 1, 2023, started moving erratically, yelling about his hunger and thirst and proclaiming that he was ready to die, to go to jail or – as Penny and some other passengers recalled – to kill.
City medical examiners ruled that Neely was killed by having his neck compressed in a chokehold. A pathologist hired by Penny’s defense contradicted that finding, attributing the death to a variety of other factors.
Penny’s lawyers argued that he used what they term a “civilian restraint,” departing from the chokehold technique he’d been taught in the military in order to control Neely without rendering him unconscious. Prosecutors say Neely had the training to know that what he was doing could kill.
