### Former Marine on Trial for Fatal Subway Chokehold

In the manslaughter trial of Daniel Penny, the prosecution argued that Penny went "way too far" when he placed Jordan Neely in a fatal chokehold on a New York City subway train, leading to Neely's death on May 1, 2023. Assistant District Attorney Dafna Yoran, addressing jurors, acknowledged Penny's intent to protect passengers but criticized his continued restraint of Neely after he had lost consciousness and other passengers had evacuated.

"A chokehold is only permitted when it's absolutely necessary and only for as long as it's absolutely necessary," Yoran stated, arguing that Penny exceeded these bounds. Penny, 26, faces charges of manslaughter and criminally negligent homicide for the death of 30-year-old Neely, a homeless Black man with a history of mental illness who occasionally performed as a Michael Jackson impersonator on the subway.

According to Yoran, Neely had boarded the train visibly distressed, verbally expressing his hunger, thirst, and frustration, and making threats about violence and wanting to return to jail. This behavior frightened the passengers, prompting Penny to act. However, Yoran argued that Penny's actions were "unnecessarily reckless," involving swift and aggressive force that ignored Neely's human dignity.

In contrast, Penny's defense attorney, Thomas Kenniff, contended that Penny did not intend to kill Neely. He described Penny's actions as a "variation of a nonlethal chokehold" meant only to subdue Neely until police could intervene. Kenniff questioned the official cause of death, challenging the chief medical examiner's conclusion that Neely died from neck compression due to the chokehold. He also highlighted that Penny perceived Neely as a substantial threat, especially after hearing Neely shout, "I will kill."

Yoran emphasized that despite his first aid training, Penny neglected to check Neely's pulse or breathing and made no effort to resuscitate him while waiting for the authorities. The case has sparked significant public debate, with some portraying Penny as a vigilante and others as a hero. The trial also touches on sensitive issues of race, with Penny being white and Neely being Black, and raises questions about the city's support for people dealing with homelessness and mental illness.

The jury, composed of 12 members—seven women and eight white individuals—will remain anonymous. During the selection process, Yoran accused Penny's defense of removing jurors of color. The trial is anticipated to continue for six weeks. On the first day, jurors heard testimonies from three police officers involved in the incident, describing their emergency efforts to save Neely, including administering Narcan and performing chest compressions.

Yoran noted that bystander video footage would serve as crucial evidence, showing Penny's prompt approach and persistent restraint of Neely, even with other men aiding in pinning Neely down. Kenniff argued that these recordings would not capture the entire scenario, suggesting that Penny had been struggling with Neely for two minutes before the filming began.