Jury selection began yesterday for the trial of Daniel Penny, the former Marine charged with second-degree manslaughter and criminally negligent homicide in the death of Jordan Neely on a New York City subway train in May 2023.
Prosecutors allege then-24-year-old Penny "recklessly caused the death" of 30-year-old Neely, who was reportedly shouting and acting erratically before Penny, along with two passengers, placed Neely in a chokehold for about six minutes (see footage, warning—sensitive content). Police officers said they felt a faint pulse and administered the opioid-overdose medication Narcan before performing CPR. Neely died later at the hospital.
Prosecutors say Penny's use of force was unjustifiable and reckless. The defense argues Penny acted to protect other passengers and only intended to hold Neely until police arrived, not to kill him. Penny faces up to 15 years in prison if convicted of second-degree manslaughter and up to four years for negligent homicide.
Separately, opening statements began in the retrial of former Louisville, Kentucky, officer Brett Hankison over charges related to the 2020 police raid that led to Breonna Taylor's death.
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