US veteran Daniel Penny on trial in New York for fatal subway chokehold

Penny faces up to 15 years in prison for manslaughter in the racially-charged trial. 

A former United States Marine is set to go on trial for putting a man in a deadly chokehold while riding a New York subway in 2023.

The veteran, 25-year-old Daniel Penny, faces up to 15 years in prison if convicted of manslaughter and four years if found guilty of the lesser offence of criminally negligent homicide.

Jury selection for the high-profile trial begins Monday and could last up to a week. The trial itself could last six weeks, legal experts say.

The court proceedings are putting a spotlight back on a case that sparked a national debate about race and criminal justice.

Protesters gather outside the Manhattan Criminal Court on the first day of former US Marine Daniel Penny’s trial for the death of Jordan Neely in New York City, US, October 21, 2024 [Caitlin Ochs/Reuters]

Homeless man

Penny, who is white, is accused of “recklessly causing the death” of Neely, a black homeless street performer who witnesses say was acting erratically on a subway train on May 1, 2023, when Penny tried to restrain him.

Witnesses to the incident said Neely – who relatives say had struggled with drug addiction and mental illness – was shouting and demanding money when Penny approached him.

Penny pinned Neely to the ground with the help of two other passengers and placed him in a chokehold for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.

Penny’s lawyers argued that he didn’t intend to kill Neely, just to hold him down long enough for police to arrive. Penny, who is from Long Island to the east of the city, has claimed Neely shouted, “I’m gonna’ kill you” and that he was “ready to die” or go to jail for life.

Penny’s attorney, Steven Raiser, said the defence plans to offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.

They’ll also argue that footage shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, let alone kill him.

Prosecutors, in their court filings, have argued that Penny’s actions were reckless and negligent, even if he didn’t intend to kill Neely.

After Neely’s death in 2023, protesters took to the streets demanding that authorities arrest Penny, while others gathered outside the courthouse to show their support once he was charged.

Police officers operate as people protest the death of Jordan Neely in New York City, US, May 8, 2023 [Andrew Kelly/Reuters]

Numerous right-wing US politicians took up Penny’s cause, with Florida governor and failed Republican presidential candidate Ron DeSantis saying: “We stand with Good Samaritans like Daniel Penny. Let’s show this Marine … America’s got his back.”

The New York City subway system is one of the world’s largest public transit systems, with 472 stations and 399km (248 miles) of routes, and a daily ridership of approximately 3.6 million people.

Penny, who served four years in the Marines, has been free pending his trial on a $100,000 bond.

Neely’s uncle, Christopher Neely, said he and his other family members are hopeful about the outcome of the trial.

“Justice for Jordan is all we think about,” he said.

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Al Jazeera and news agencies