Daniel Penny’s defense lawyer gave his closing argument Monday, arguing that Penny did not kill Jordan Neely when he held Neely in a chokehold for about six minutes on an uptown F train in May 2023.
Attorney Steven Raiser told jurors that prosecutors didn’t prove that Penny squeezed hard enough to render Neely unconscious or kill him.
“They failed to prove their case, period,” he said.
Penny, 26, has been on trial since late October on charges that he killed Neely, 30, who was homeless, had schizophrenia and had K2 in his system when he died, according to court records. Penny, who served in the Marine Corps for four years, has pleaded not guilty to manslaughter and criminally negligent homicide. Penny faces up to 15 years in prison if convicted of the top charge.
Eyewitnesses say Penny wrapped his arm around Neely’s neck and pulled him to the ground after Neely boarded the train and started yelling that he was hungry, thirsty and ready to die or go to jail. Penny continued to restrain Neely for several minutes after the train stopped at the next station, including for nearly a minute after Neely stopped moving, according to evidence presented at trial.
Another passenger on the train that day recorded several minutes of the encounter, and the video went viral, sparking polarized reactions from viewers. Some — including several conservative celebrities — saw Penny as a hero and donated more than $3 million to a legal defense fund on a Christian crowdsourcing website. Others condemned Penny as a vigilante and flooded subway platforms to protest his actions.
On Monday, Raiser said other factors could have caused Neely’s death, including a genetic trait and drugs in his system. He said the medical examiner’s office blamed Penny for Neely’s death without assessing all the evidence, to satisfy the protesters.
“I submit to you there was a rush to judgment,” he said.
Raiser began his closing statement by asking jurors to imagine being on the train with Penny and Neely that day. He displayed images of an uptown F train, accompanied by sound effects, and described Neely “screaming threats” while passengers were “frozen with fear.”
“Daniel Penny was the one who moved to protect them,” he said. “Why? Because he had something the others didn’t. Something unique to him.”
Raiser said Penny chose to act because of his military training. But he said Penny was trying to hold Neely in place — not kill him — because he has a “softer side.”
Prosecutors are expected to begin their closing statements Monday afternoon, following a lengthy morning delay from the defense due to technical difficulties with their presentation.
The Manhattan DA’s office argued in opening statements that Penny had “laudable intentions” to protect fellow subway riders but went “way too far.”
A city medical examiner testified that Penny directly caused Neely’s death by holding him in a chokehold for as long as he did. Prosecutors have argued that he should have known he was endangering Neely’s life.
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