For the first time Friday, jurors heard Daniel Penny — the former marine charged in the chokehold death of Jordan Neely — in his own words.
“He was threatening everybody. He came onto the train,” Penny said of Neely. “I just put him out.”
What You Need To Know
- Prosecutors and defense gave opening statements in the trial of Daniel Penny, the former marine charged in the chokehold death of Jordan Neely
- The first witnesses incldued police officers who responded to subway car and police body camera footage was shown to the jury for the first time
- “Jordan Neely took his last breaths on the dirty floor of an uptown F train,” lead prosecutor Dafna Yoran said in her opening line
- The defense attorney suggested to the jury he’ll challenge the medical examiner’s determination that Neely died from the chokehold
Footage from the body camera of one of the first police officers who entered the train where Jordan Neely was on the floor shows officers’ attempts to revive Neely. It was the first piece of evidence shown to the jury.
Penny has pleaded not guilty to charges of manslaughter and criminally negligent homicide.
The day started with opening statements to the jury. Neely’s family sat in the courtroom.
“He didn’t do anything, so saying something does not equate to being choked to death for six minutes straight when there is no threat,” Donte Mills, attorney for the Neely family, said outside of court.
“Jordan Neely took his last breaths on the dirty floor of an uptown F train,” lead prosecutor Dafna Yoran said in her opening line.
Yoran then spent nearly 45 minutes detailing the case before the jury, saying the evidence will show Penny recklessly killed Neely by holding him in a chokehold for five minutes and 53 seconds, including 51 seconds after Neely had already passed out.
She said Penny failed to recognize Neely’s “humanity.”
“His indifference towards Mr. Neely, the man whose life he was literally holding in his hands, caused him to disregard the most basic precautions,” Yoran said.
The prosecutor also described a key piece of evidence: the cell phone video showing Penny holding Neely on the subway car floor.
Yoran told the jurors, “You will see Mr. Neely’s life being snuffed out before your eyes.”
“One of the most strong statements that she made is that as New Yorkers, how we’re trained to just walk away and ignore people like Jordan Neely,” Villalona said. “She’s like, that’s exactly what Jordan Neely wanted on that day, is for someone to pay attention to him,” criminal defense attorney Bernarda Villalona said of the opening statements.
In the defense’s opening statement, Penny’s attorney, Thomas Kenniff, said Neely was acting like a “seething psychotic,” causing “outright panic,” even targeting a group of female passengers and a mother shielding her child.
“He went to protect the lives of innocent strangers on the subway train from the terror that Mr. Neely was perpetrating that day,” Kenniff said outside of the courthouse.
Kenniff suggested to the jury he’ll challenge the medical examiner’s determination that Neely died from the chokehold and said evidence will show Penny did not squeeze Neely’s neck.
“What they are doing is saying, ‘look, it wasn’t a chokehold.’ This is something that he [Penny] is trained to do and if it was really was a chokehold, where he would’ve took the breath away of Jordan Neely, then he [Neely] would’ve died way earlier than when he did,” Villalona said.
After opening statements, police officers who responded to the subway car took the stand. Penny’s attorney said next week, jurors will hear from the subway riders on the train describing the terror they felt that day.