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

Mar. 15, 2025

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

Daniel Penny Jordan Neely

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

The trial for the manaccused of killing a Black man in a New York City subway caris 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 withJordan Neely, a Michael Jackson impersonator, who at that point was experiencing homelessness,The New York Timesreported.

Manhattan District Attorney Alvin Braggsaid in a news releasethat 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, theTimesreported 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.

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 Newsreported that it began with jury selection.

Want to keep up with the latest crime coverage? Sign up forPEOPLE’s free True Crime newsletterfor breaking crime news, ongoing trial coverage and details of intriguing unsolved cases.

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.

Neely’s death sparkedoutrage and protestsaround 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.

source: people.com