A controversial trial stemming from a fatal subway encounter is set to commence, captivating New York City's attention.
According to the New York Post, the trial of Daniel Penny, who is accused of manslaughter after a chokehold incident in a New York subway, has begun with jury selection focusing on the critical question posed to jurors: "What would you do?"
Penny, a former Marine, faces charges of second-degree manslaughter and criminally negligent homicide for his role in the May 2023 incident. The altercation, captured on bystander video, showed Penny placing Neely in a chokehold on a Manhattan subway car.
The Manhattan District Attorney's office must prove that Penny "recklessly" caused Neely's death to secure a conviction on the more serious charge of second-degree manslaughter. For the lesser charge of criminally negligent homicide, prosecutors need to demonstrate that Penny disregarded a "substantial and unjustifiable risk of death" when restraining Neely.
Prosecutors are expected to argue that Penny was aware of the potentially fatal consequences of his actions. They may highlight testimony from a Marine trainer who informed the grand jury about the dangers of chokeholds, even when intended as non-lethal restraints.
The prosecution's case will likely focus on the duration of the chokehold, which reportedly lasted six minutes. They may argue that Penny continued to restrain Neely even after he stopped making purposeful movements.
Penny's defense attorneys, Thomas Kenniff and Steven Raiser are preparing to counter the prosecution's claims by emphasizing the context of the situation. They will likely argue that Penny's actions were justified given Neely's allegedly threatening behavior towards other passengers.
The defense team may challenge the medical examiner's ruling on the cause of death. They have previously questioned the lack of specific evidence pointing to asphyxiation as the direct cause of Neely's demise. Another potential strategy for the defense involves highlighting Neely's reported drug use. If permitted by the judge, they may introduce evidence of K2 in Neely's system at the time of the incident.
Several eyewitnesses from the subway car, as well as responding police officers and detectives, are expected to testify during the trial. The medical examiner's office will also likely play a crucial role in presenting evidence.
A key question looming over the proceedings is whether Penny himself will take the stand. Legal experts suggest that his testimony could be crucial in helping the jury understand his state of mind during the incident. Former prosecutor Julie Rendelman commented on the potential impact of Penny's testimony:
This is one of the cases where it is likely that the jury is going to want to hear from Penny, because part of that justification is going to be about what he perceived at the time that the events were happening. What was going through his mind at every step of the way?
If convicted, Penny faces up to 15 years in prison for the manslaughter charge or up to four years for criminally negligent homicide. The final sentencing decision would rest with Manhattan Supreme Court Justice Maxwell Wiley.
Selecting an impartial jury may prove challenging given the high-profile nature of the case and potential jurors' personal experiences with subway safety. Former prosecutor Jason Goldman emphasized the importance of this process:
Jury selection is always a big part of any case, but for this one in particular, multiply that by 10. Outside the four corners of this case and the legal standards, there will certainly be big feelings involved.
The trial of Daniel Penny will delve into complex issues surrounding public safety, mental health, and the use of force. As jury selection begins, the case continues to spark discussions about the balance between personal intervention and potential consequences in tense public situations. The outcome of this trial may have far-reaching implications for how similar incidents are viewed and handled in the future.
