Defense lawyers for Marine veteran Daniel Penny, on trial over the death of homeless black man Jordan Neely, pushed for a mistrial on Thursday, citing testimony from a witness they deemed biased and accusing Manhattan District Attorney Alvin Bragg‘s office of promoting an anti-white narrative. They protested the characterization of Penny as a “White vigilante” and opposed witness Johnny Grima’s courtroom statement labeling Penny a “murderer” and “abuser,” despite neither murder nor domestic abuse being among the charges.
Penny, 26, was an architecture student in New York and a former U.S. Marine. Defense attorney Thomas Kenniff stated that the deceased, Jordan Neely, 30, had a history of violent and threatening behavior, including an alleged attack on an elderly woman for which he had an active warrant. This comment led to an outburst among courtroom spectators, requiring court officers to intervene.
Judge Maxwell Wiley declined the mistrial request but acknowledged the defense’s concerns.
Prosecutors argue that Penny excessively restrained Neely, who—according to multiple witness statements—was making threats and throwing trash at passengers on a Manhattan subway. Penny’s defense insists his actions were justified under the circumstances. Paul Mauro, a retired NYPD inspector, noted that the standard for conviction requires proving recklessness or negligence, which he disputed given Neely’s verbal threats.
If convicted, Penny could face up to 19 years in prison. The trial is anticipated to last six weeks, and Friday marks its twelfth day. The District Attorney’s office has yet to comment on the proceedings.
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