The New York subway chokehold murder trial begins

A New York prosecutor told jurors Friday that the way veteran Daniel Penny defused an unpleasant situation on the subway by using a chokehold “went way too far.”

Prosecutor Dafna Yoran said Penny, a white Marine veteran, continued to put his arm around the neck of Jordan Neely, a homeless black man who behaved erratically after Neely's body went limp.

As the train stopped at a station, a passenger said to Penny: “If you don't let him go now, you're going to kill him,” Yoran told the jury in her opening statement Friday. Penny was charged with manslaughter and involuntary manslaughter. He pleaded not guilty and said he acted in self-defense.

“Deadly physical force is only permitted when absolutely necessary and only for as long as it is absolutely necessary,” Yoran said. Penny “literally went for the jugular,” she added.

The fatal encounter occurred more than a year ago and attracted widespread media coverage at the time. Some saw Penny as a hero, others saw Neely as a vigilante victim.

Neely, who Yoran said was homeless and mentally ill, entered the subway on May 1, 2023, threw his coat on the floor and told passengers he was hungry and thirsty and wanted to go back to prison. His erratic behavior is something New Yorkers see on a daily basis.

“His voice was loud and his words were threatening,” Yoran said, but Neely was also unarmed and did not physically threaten any of the drivers.

Thirty seconds after Neely boarded the train, Penny held Neely in a chokehold, the prosecutor said. Yoran said Penny held Neely in a chokehold for about six minutes.

Video of the incident, Yoran said, would show “how unnecessary this fatal chokehold was.” There is cell phone video of the incident taken from the subway platform.

The prosecutor also said Penny, who has first aid training, did not attempt to resuscitate Neeley.

Penny later told police: “I kicked him out” and said he was trying to “de-escalate” the scene on the subway.

According to the Associated Press, Neeley was a Michael Jackson impersonator who sometimes performed his act for subway riders. His mental illness and substance abuse were likely triggered by his mother's murder when he was a teenager, according to the AP.

Some information for this story was provided by The Associated Press and Reuters.