Marine veteran Daniel Penny will stand trial for second-degree manslaughter and criminally negligent homicide on October 8. Penny stands accused in relation to the subway death of an erratically behaving homeless man, Jordan Neely.
The fatal incident happened on an uptown F train in New York City, where, according to onlookers, Penny took action when Neely displayed an uncontrolled and aggressive demeanor toward other riders. Penny, along with another individual, sought to restrain Neely, culminating with Neely being placed in a fatal chokehold. A New York medical examiner attributed the cause of death to neck compression, labeling it a homicide.
Penny’s appeal to have the case dismissed was denied. Thomas Kenniff, Penny’s attorney, expressed disappointment that the case had proceeded but maintained optimism for a not-guilty verdict. “While we still hold out hope that the Manhattan District Attorney’s Office will see the injustice in continuing this prosecution, we are prepared to defend Mr. Penny at trial and have every confidence that he will be fully exonerated,” Kenniff said.
Manhattan Supreme Court Justice Maxwell Wiley estimates the trial duration to fall between four and six weeks. If found guilty, Penny could face a maximum of 19 years in prison.
The Penny case has become a touchstone in the public debate over crime and public safety. Cities like New York have become increasingly dangerous over the last several years. Many view Perry as a hero.
