On Monday, jury selection began for the case of Daniel Penny, a former U.S. Marine veteran charged for putting a mentally ill man in a deadly chokehold on a New York City subway.
Penny walked past cameras and entered a New York City courtroom surrounded by his team early Monday morning.
Prosecutors and defense attorneys will select 12 jurors to determine the future of Penny.
In May of 2023, a camera captured Penny holding 30-year-old Jordan Neely in a chokehold on a train for more than three minutes with help from other passengers. Witnesses at the scene said Needly, a homeless man, was acting erratically, shouting, and throwing things when Penny stepped in.
Neely’s death was ruled a homicide by a medical examiner that cited compression of the neck as the cause of his death.
Video of Neely’s final moments sparked protests in New York City streets as demonstrators demanded justice for Neely.
Penny was later charged with second-degree manslaughter and criminally negligent homicide. He entered a not guilty plea and defended his actions.
“I knew I had to act, and I acted in a way that would protect other passengers, protect myself, and protect Mr. Neely,” Penny said in a video in 2023.
Neely’s family and supporters told the Associated Press Neely was just crying out for help.
Some critics have accused Penny of being a racist vigilante while others have called him a hero. Penny’s supporters have raised millions of dollars for his defense.
Penny’s attorney, Steven Raiser, spoke out a week before jury selection.
“Our sincerest hope is that New Yorkers selected for this jury will stand up for Danny just like Danny stood up for them back on that train over a year ago today.”
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The case has also sparked a greater debate on racial justice and how to treat people who are homeless or mentally ill and experiencing an episode. Dave Giffen, the executive director of the Coalition for the Homeless in New York City, said there are simply not enough mental health services and blamed New York City Mayor Eric Adams and the local police department for framing homeless people and those struggling with mental illness as a threat.
“The fact is that people who are homeless and who have mental health diagnoses are far more likely to be victims of violent crime than to be perpetrators of violent crime,” Giffen said.
Giffen said framing the mentally ill as a threat is rhetoric heard across the country that is fueling people to take matters into their own hands.
“There is disruptive behavior and that makes people feel uncomfortable when they encounter it but the response to that is not to attack that person, it’s certainly not to kill that person, it's to get that person the kind of help that they need,” Giffen said.
Mark Bederow, a current attorney and a former prosecutor at the Manhattan District Attorney's office, expects jury selection to last a few days, but adds that it could take longer.
Bederow described the case as emotionally charged given the strong opinions and ties to race. He said the jury will have to decide if the use of force exerted by Penny is justified under New York law and if his use of force went too far. Bederow said prosecutors have a tough case ahead.
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