Jury selection is beginning in the trial of Daniel Penny, a retired Marine charged in the deadly subway chokehold of Jordan Neely. Penny has pleaded not guilty to second-degree manslaughter and criminally negligent homicide in the death of Neely, a former Michael Jackson impersonator. To secure a manslaughter conviction, prosecutors must prove Penny recklessly caused Neely’s death while being aware of the risk of harm. A conviction for criminally negligent homicide would require the jury to find that Penny put Neely at risk of death without perceiving the risk. The trial has sparked debate, with some praising Penny as a good Samaritan and others accusing him of racist vigilantism as Penny is white and Neely was Black.
Neely lost consciousness during the struggle and family members claim he was crying out for help. A legal setback for Penny occurred when a judge denied his request to block certain evidence, including video footage of his police interview and the body camera footage from police. The case has received nationwide attention, with Penny being charged with second-degree manslaughter and criminally negligent homicide. The trial is set to begin in October. During his interrogation, Penny maintained that he was trying to deescalate the situation and prevent Neely from harming others, citing his training in the Marine Corps. The judge ruled that Penny’s statements were voluntary and officers did not violate his Miranda rights. The defense argued that the evidence from the illegal arrest should not be presented to the jury and that officers should have read Penny his rights sooner. Penny served in the Marines for four years and was discharged in 2021.
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