Daniel Penny, Man Accused of Killing Jordan Neely Aboard a N.Y.C. Subway, Set to Go on Trial

Daniel Penny is charged with manslaughter and criminally negligent homicide in connection with the death of Jordan Neely

<p>Michael M. Santiago/Getty Images, Andrew Savulich/New York Daily News/Tribune News Service via Getty Images</p> Daniel Penny, left, and Jordan Neely

Michael M. Santiago/Getty Images, Andrew Savulich/New York Daily News/Tribune News Service via Getty Images

Daniel Penny, left, and Jordan Neely

The trial for the man accused of killing a Black man in a New York City subway car is set to begin this week.

Daniel Penny, who is White, is charged with manslaughter and criminally negligent homicide, court records indicate, after a 2023 incident that was captured on video. In it, Penny can be seen struggling with Jordan Neely, a Michael Jackson impersonator, who at that point was experiencing homelessness, The New York Times reported.

Manhattan District Attorney Alvin Bragg said in a news release that court documents and statements made on the record claimed Neely entered a northbound F train on May 1, 2023, and started verbally threatening passengers. Citing witnesses, the Times reported that Neely had complained about being hungry and that he didn’t care about going back to jail.

Penny, a Marine veteran who was 24 at the time of the incident, approached Neely from behind and put him in a chokehold for several minutes, even after Neely’s body stopped moving, prosecutors said.

Related: Jordan Neely's Family Says Daniel Penny 'Needs to Be in Prison' After Subway Chokehold Death

The 30-year-old Neely was later pronounced dead at a hospital.

On June 28, 2023, prosecutors announced that a grand jury had returned an indictment against Penny. He has pleaded not guilty to the charges against him.

New York court records indicate that Penny’s trial began on Monday, Oct. 21. NBC News reported that it began with jury selection.

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Steven Raiser, one of Penny’s lawyers, told NBC that around a half-dozen witnesses are set to testify for the defense during the trial.

“You have an individual that’s saying that he was frightened by this gentleman, Mr. Neely, and he had to act,” Raiser said Thursday. “We have several additional witnesses that come up and say, ‘Yes, he’s right. That’s exactly how I felt, too.’”

Prosecutors, however, have presented a different view of the fatal encounter, according to court filing reported by the Times and NBC, and have claimed that some witnesses told the grand jury they did not feel threatened by Neely.

Neely’s death sparked outrage and protests around New York City after the shocking video went viral. In a statement to PEOPLE in the aftermath of the incident, Neely's family said Penny "needs to be in prison."

NBC reported that Penny’s trial is expected to last six weeks.

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