(NewsNation) — A former marine charged in the 2023 chokehold, subway death of a homeless man is set to stand trial with jury selection set to begin in Manhattan on Monday.
Daniel Penny, now 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer who witnesses say was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.
Penny, who served four years in the Marines before being discharged in 2021, has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide. He has been free on a $100,000 bond but faces up to 19 years in prison if convicted.
The trial is expected to last between four to six weeks.
Protesters took to the streets to demand that authorities arrest Penny — who is white; Neely was Black — while others rallied in support outside the courthouse once he was charged. The case also became a cause celebre among Republican presidential hopefuls.
Jordan Neely’s death
Witnesses to the incident said Neely — who had struggled with drug addiction, mental illness and homelessness — had been shouting and demanding money when Penny approached him.
Penny pinned Neely to the ground with the help of two other passengers and placed him in a chokehold for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.
Daniel Penny’s case arguments
Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, “I’m gonna’ kill you” and that he was “ready to die” or go to jail for life.
The defense said it plans to offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.
They’ll also argue that the video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Prosecutors, in their court filings, have argued Penny’s actions were reckless and negligent even if he didn’t intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.
Neely’s surviving family members say they’ve been anticipating this moment and intend to attend the trial.
The Associated Press contributed to this report.