The trial of Daniel Penny, the former Marine charged with manslaughter and criminally negligent homicide, has been a focal point of divisive opinions in New York. Penny is accused of causing the death of a homeless man, Jordan Neely, by using a lethal chokehold in a Manhattan subway last year. According to
ABC7NY
, Joseph Caballer, a combat instructor in the Marine Corps who trained Penny, testified that while the maneuver is designed to be non-lethal, it was improperly executed in this instance.
Prosecutors are expected to rest their case soon, with the defense set to begin Monday. Caballer elaborated before the jury that Marines are taught to release the hold as soon “as the person is rendered unconscious,” which Penny evidently failed to do, as reported by
New York Post
. The prosecution has argued that Penny displayed an “indifference” toward Neely’s life post-certainty of the man having stopped fighting back.
A piece of critical evidence presented in court was a bystander video showing Penny applying the chokehold on Neely for nearly six minutes. The city medical examiner, Dr. Cynthia Harris, confirmed that Neely’s death was due to a lack of oxygen caused by the chokehold, dispelling suggestions that his previous health problems and drug use could be the cause.
Meanwhile, the defense has highlighted concerns regarding Neely’s actions prior to the incident, arguing Penny was aiming to protect himself and other passengers from an individual exhibiting erratic behavior. However, interrogation video evidence has introduced a harrowing account, where Penny admits to detectives, “I’m not — I wasn’t trying to like injure him, I’m just trying to keep him from hurting anybody else,” as told to
ABC7NY
. This suggestion of Penny’s innocence is contrasted starkly against testimonies and medical evidence implying overuse of force.
The case has drawn considerable attention, with political figures like Rep. Matt Gaetz vocal in support of Penny, labelling him a “Subway Superman,” while protestors and activists have vehemently opposed such a narrative, pointing to racial and mental health disparities in the treatment of Neely. Penny, who has pleaded not guilty, faces a maximum of 15 years in prison if convicted on the top charge.
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