LOWER MANHATTAN (PIX11) -- Daniel Penny, the Marine Corps veteran accused of using a chokehold in a subway incident that killed Jordan Neely, a homeless man with a history of mental illness, was back in court for closing arguments on Monday.
His attorneys told jurors that medical factors caused Neely’s death, and not their client, whom they described as a good Samaritan who was looking out for the lives of his fellow subway passengers. Prosecutors had a very different argument, with which Neely’s family and supporters agreed vociferously.
Monday was the start of yet another week since the trial began on October 21 where Penny was at criminal court, facing manslaughter and criminally negligent homicide charges. This time, though, his lawyers were taking their final chance to argue why their client deserved to be acquitted.
It was the latest chapter since the May 1, 2023 subway incident, where Penny held Neely in a chokehold for six minutes, according to prosecutors. They also said, in their summation on Friday, that that move was "way too much force, for way too long, in way too reckless of a manner."
In his defense, Penny's lawyers reminded jurors that the Marine Corps veteran had told police that he'd held down Neely after the homeless man, who was also known for impersonating Michael Jackson on the subway, entered Penny's car violently and loudly.
Penny and other witnesses said that Neely had yelled at and physically threatened passengers.
More specifically, Penny's attorneys made these points in their closing argument:
- that Penny had used "restraint" against Neely, rather than a chokehold, which is more severe
- after Penny encounters Neely he "holds him until police arrive, never to render him unconscious"
- Penny believed at the time of the incident that Neely was high on drugs; toxicology tests proved him right, showing the drug K2 in Neely's system
- their client had spoken freely with police in the minutes and hours after the incident, and when he'd done so, he did not know that Neely had died
- Neely's medical pre-condition, sickle cell anemia, which may have triggered a toxic reaction because of the incident, was the main contributing factor to his death
On that last point, the lead defense lawyer, Steve Raiser, said that Neely's death was "not a homicide," and was instead "a medical condition."
The defense summation lasted all morning and into the afternoon, after a court-ordered lunch break. Summation ended at 2:55 p.m.
During the break, members of Neely's family joined with Black Lives Matter and National Action Network activists to criticize Penny and condemn the defense argument in his favor.
"I feel like the defense disrespects my whole family, outside the courtroom and inside the courtroom," said Christopher Neely, Jordan's uncle.
"They really don't have nothing," he continued, in his critique of the defense's case. "The judge is getting tired of the continuous B.S., and so is the prosecution, and so are the people."
The prosecution's closing argument began immediately after the defense wrapped up. It lasted for two hours until the court closed for the day at 5:00 p.m.
It's expected to resume on Tuesday morning for about two more hours, after which the judge will charge the jury, which will then deliberate. With that schedule, it's possible that there will be a verdict in the case this week.
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