Prosecutors and defense attorneys in the Daniel Penny trial rested their cases, marking an end to the evidence and testimony.


What You Need To Know

  • Evidence has concluded in the trial of Daniel Penny for the chokehold death of Jordan Neely

  • Jurors will be back in court on Dec. 2 to hear closing arguments

  • Penny faces charges of manslaughter and criminally negligent homicide

“We’re very confident that ultimately when the jury receives the case we’re going to get a verdict that will exonerate our client in full,” Thomas Kenniff, Penny’s defense attorney, said. “We think it’s going to be very clear that Jordan Neely did not die of asphyxiation from a chokehold. I think it’s even more clear that Daniel Penny did not perceive, intend or otherwise disregard any risk of death.”

Penny, who faces a manslaughter charge, did not testify.

The only time the jury heard from him is on video, like when prosecutors played his interview with detectives.

“I’m just trying to keep him from hurting anybody else. He’s threatening people,” Penny told detectives. “That’s what we learned in the Marine Corps.”

Subway riders on the F train testified that Neely, who was homeless, was acting erratically and threatening — unlike anything they had seen before.

Prosecutors argue that Penny had Neely in a chokehold for 51 seconds after Neely lost consciousness.

“What happened to Jordan Neely should not happen to anyone,” Rev. Ronald McHenry, an activist with the Rev. Al Sharpton’s National Action Network, told reporters.

Neely’s uncle, Christopher Neely, has been watching the trial. He praised the prosecutors with the Manhattan District Attorney’s office, Dafna Yoran and Jillian Shartrand.

“I’m so proud of these women holding it down for my family in the courtroom,” Christopher Neely said.

Penny’s defense said the video offers reasonable doubt — when bystander Eric Gonzalez can be heard saying that Penny was not squeezing Neely’s neck.

“That is reasonable doubt, in and of itself,” Steven Raiser, another of Penny’s defense attorney, said to reporters.

The last major witnesses: the medical examiner who performed Neely’s autopsy, Dr. Cynthia Harris, and defense expert witness Dr. Satish Chundru.

Dr. Harris concluded that Penny’s chokehold killed Neely.

Dr. Chundru, a forensic pathologist, rejected the medical examiner’s findings. Dr. Chundru said Neely died from a combination of synthetic marijuana, schizophrenia, the struggle with Penny and a sickle cell crisis where blood cells were unable to carry oxygen.

“Medically speaking, there is no proof he died from a chokehold. It’s just not there,” Raiser said. 

Jurors will have the next week off through the Thanksgiving holiday. They’ll be back in court on Dec. 2 to hear summation and judge’s instructions.

Then, jurors can start deliberating over whether Penny is guilty of manslaughter in the death of Neely.