NEW YORK − On Friday, the trial against Daniel Penny will commence, marking the start of opening statements. Penny, a former Marine, is on trial for his involvement in a subway incident that resulted in a death.

G manslaughter charges have been brought against a man in connection with the death of a homeless individual and cherished street performer on a New York City subway train last year.

The video depicting Jordan Neely’s tragic death captured widespread attention and ignited several days of protests throughout the city after police questioned Penny and initially let him go.

Jury selection for the trial began on October 21. A jury consisting of 12 members, along with four alternates, was officially selected on Wednesday.

In the coming weeks, the jury will need to determine whether Penny, 26, acted responsibly in this situation.

Penny was accused of acting recklessly when he placed Neely, a former tribute performer for Michael Jackson, in a chokehold for several minutes while on a train car on May 1, 2023, leading to Neely’s death.

During the opening statements on Friday at Manhattan Criminal Court, attorneys from both sides are anticipated to present a comprehensive account of the events that unfolded that day on the subway. They will also explore Penny’s background and experiences in the Marines, according to Nicole Brenecki, an attorney from Brooklyn who is closely monitoring the case.

The prosecution contends that Penny acted with disregard for the consequences and recognized the danger posed to Neely while restraining him, according to court documents.

“During our opening statement, we aim to highlight the shortcomings in the government’s case that will result in Danny’s complete exoneration,” defense attorney Steve Raiser shared with YSL News on Thursday.

Penny will face legal proceedings led by prosecutors Dafna Yoran and Jillian Shartrand representing the Manhattan District Attorney’s Office, which has stated that it cannot provide comments on ongoing and pending cases.

Brenecki mentioned, “This trial possesses all the elements typically deemed challenging for lawyers, making it a potential subject for a film.”

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Al Court is set to select a jury for the trial concerning the death of Jordan Neely in New York City, with proceedings taking place on October 21, 2024.

Street performer Neely faced challenges with homelessness

According to Penny’s legal team, Neely’s unpredictable actions and threats in a busy subway car left many passengers feeling unsafe.

train Neely, who faced ongoing challenges related to mental health and substance abuse, was determined by a medical examiner to have died from “compression of the neck,” according to court documents.

“The passengers on that train were terrified for their safety,” Raiser informed YSL News.

Neely was 30 at the time of his death and had experienced periods of homelessness throughout his life, starting in childhood when he lived with his mother in New Jersey. When Neely was just 14 years old, his mother was tragically murdered by her boyfriend; her body was found stuffed into a black duffel bag and discarded along a highway in the Bronx.

“Experiencing such trauma can lead anyone to fall apart,” remarked Lennon Edwards, an attorney representing Neely’s family, in the days following the tragic event last year.

Former U.S. Marine Daniel Penny greets potential jurors during the jury selection process for his trial overseen by Judge Maxwell Wiley. This trial pertains to the death of Jordan Neely, which has been classified as a homicide. The events took place in New York City on October 21, 2024.

Defendant Engages Notable Attorney

The case garnered significant attention recently when Penny enlisted the services of Jo-Ellan Dimitrius, a consultant known for aiding in jury selections, including that of O.J. Simpson during his 1995 murder trial, from which he was found not guilty. According to reports from the New York Times, the judge has decided that jury members in Penny’s case will remain unnamed to the public.

In October, during the jury selection process, potential jurors were questioned about their regular use of the subway and their personal experiences with it, according to a report by the Associated Press.

Bennett Gershman, a law professor at Pace University Law School in White Plains, New York—who is not part of the case—commented on the subway’s unique nature. “It’s an unusual environment,” he noted. “People might feel frightened; they don’t recognize anyone and are unsure about what might happen.”

Gershman shared with YSL News that he believes the defense will likely find it simpler to show that Penny did not act carelessly during the incident when he restrained Neely on the subway car floor.

The court has indicated that the trial is expected to last for five weeks or more.

“I anticipate a hung jury or an acquittal,” said Gershman.

After examining court records, Brenecki suggested that the defense might claim that both Penny and Neely are victims of a societal system where individuals in need of mental health assistance are often left unsupported, frequently resulting in danger.

“I’m not claiming that his actions were justified − I’m not sure if they were,” Brenecki explained. “However, it raises a significant point because if the victim was facing immense struggles without any support and was forced to navigate such a difficult life on the streets, then this represents a breakdown in the system.”