Daniel Penny returns to court in Jordan Neely chokehold case – NBC New York

It’s a case that made national headlines: Daniel Penny, a retired Marine, was charged with killing Jordan Neely in a subway chokehold.

Wearing a gray suit, Penny was back in court on Thursday to attend a hearing about evidence that could be presented in court in a few days. Body camera footage from various angles was shown during the hearing, as was Penny’s interview at the police station on the day Neely died in May 2023.

Both involve videos that the defense doesn’t want the jury to see.

“I’m not trying to kill the guy, I’m trying to de-escalate the situation,” Neely was heard saying during police questioning.

When asked why he got involved, Penny replied: “He threatened people… there were women and children on the train.”

Penny’s defense wants some of the exchange suppressed, but it will be up to the judge to consider whether to allow it.

Witness video from the day of the incident shows Penny, a Long Island native and Navy veteran, holding Neely. According to prosecutors, the chokehold Penny held for several minutes killed Neely, a 30-year-old homeless man and former Michael Jackson impersonator.

Body camera footage showed Neely lying on the ground. Officers were seen saying he had a weak pulse and then showed them resuscitating him about four minutes after they arrived. Witnesses were also seen speaking to police.

Several passengers on the northbound F train told police they were concerned that Neely was unpredictable, and Penny, 24, intervened.

“He almost stopped Neely from behaving the way he was because he was yelling, which contributed to his erratic behavior,” said an officer who took the stand, summarizing what two women had told him .

Penny’s trial is scheduled to begin later in October. He is charged with involuntary manslaughter and involuntary manslaughter.

During the hearing, Penny diverted his attention from the judge, the lawyers, and the videos being broadcast in the courtroom. In one of the videos, Penny was seen telling an officer: “I just kicked him out.”

Also shown was the moment at the police station when Penny waived his Miranda rights in the interrogation room. He went on to describe what he thought happened, saying that the train door was closed, Neely threw away his jacket, and then yelled, “I’m going to kill everyone and I don’t care if I’m in there forever.” “I’ll end up in prison.”

During his interrogation, Penny stood up to show officers how he pushed his arm against Neely and then used his leg to drop him to the ground.

“I wasn’t trying to hurt him, I was trying to stop him from hurting someone else. That’s what we learn in the Marine Corps,” he later told officials.

Penny served in the Marines for four years and was discharged in 2021.

The defense said nothing from the interaction between Penny and police should go to the jury because it was evidence of an unlawful arrest. Penny’s lawyers contend that officials should have informed Penny of his rights sooner.

The chokehold death, captured on bystander video, sparked heated debate in 2023, with some praising Penny as a good Samaritan while others accused him of racist vigilantism. Penny is white and Neely was black.

Neely lost consciousness during the fight. Family members and her supporters said Neely, who struggled with mental illness and homelessness, screamed for help and was met with violence.

To secure a conviction for involuntary manslaughter, which carries a prison sentence of up to 15 years, prosecutors would have to prove that Penny negligently caused Neely’s death despite being aware of the risk of serious harm. A conviction for involuntary manslaughter would require the jury to conclude that Penny unjustifiably exposed Neely to the risk of death but failed to recognize that risk. The maximum penalty would be four years in prison.