The Marine veteran whose strangulation of a homeless man crystallized New York City’s challenges with homelessness, mental health and violence in its subways, pleaded not guilty Wednesday in murder and criminally negligent homicide.
The defendant, Daniel Penny, appeared in a Manhattan courtroom after being indicted by a grand jury this month in the murder of a homeless man, Jordan Neely, in May.
On May 1, Mr. Penny is traveling to town on the subway train in Manhattan when Mr. Neely got into the car. Witnesses say that Mr. Neely used threatening language and shouted at passengers.
There is no indication that Mr. Neely was physically able to face anyone, but Mr. Penny puts him in a chokehold for a few minutes. The New York City medical examiner determined two days later that the chokehold killed Mr. Neely. That decision does not mean that Mr. Penny is a criminal responsible for the death of Mr. Penny.
“Daniel Penny stands indicted for manslaughter after allegedly placing Jordan Neely in a fatal chokehold for several minutes until and after he stopped moving,” the district attorney, Alvin L. Bragg, said. said in a statement. “I hope Mr. Neely’s loved ones are on the road to recovery as they continue to mourn this terrible loss.”
If Mr. If Penny is convicted of manslaughter, the more serious charge, by a jury, she could face up to 15 years in prison.
Thomas Kenniff, a lawyer for Mr. Penny, said at a news conference after the hearing that he and his partner, Steven Raiser, are confident in their case. “All the evidence we’ve seen is that our client acted reasonably under the circumstances,” said Mr. Kenniff.
The confrontation between Mr. Penny and Mr. Neely touches on many of the issues that have worried and polarized New Yorkers in the years since the pandemic arrived — violent incidents on the subways and the vulnerability of the homeless and the mentally ill – as well as the long-standing issue of race relations. Mr. White Penny and Mr. Black. Neely.
The relatives of Mr. Neely said he has a history of mental illness. He also has a criminal record, including instances where he assaulted people on the subway, although that history was almost unknown to his fellow subway car passengers in May.
Donte Mills, a lawyer for the family of Mr. Neely, spoke after Wednesday’s hearing and warned the crowd of reporters and passersby not to be surprised if justice is served.
Mr. Penny will likely argue that she was acting to protect other passengers when she restrained Mr. Neely. Prosecutors must show that Mr. Penny used deadly force, having no reason to believe that Mr. Neely is about to do just that.
Mr. Penny wore a suit and red tie to the arraignment, spoke only upon entering his plea and left immediately afterward. In videos released by his lawyers this month, he said Mr. Mr. Penny said she didn’t try to kill Mr. Neely and he was not motivated by race.
After the murder, Mr. Penny was interviewed by police but not immediately arrested, and an outcry went up after video of the chokehold was released. Prosecutors working for Mr. Bragg began to investigate and, more than a week later, Mr. Penny surrendered.
Many of the initial protests focused on the delay in arresting Mr. Penny, because progressive politicians argue that it reflects the inherent racism of the justice system. Conservative politicians on the national stage – including at least two presidential candidates – began to speak in Mr. Penny’s name and direct money to a platform where funds were raised for his defense: Short of $3 million was donated as of Wednesday morning.
Mr. Penny’s not guilty plea makes it likely that the case will result in a trial that is sure to attract a lot of attention. If this happens, it will fight the district attorney’s prosecutors against Mr. Kenniff, who ran as a Republican against Mr. Bragg in 2021. Mr. Kenniff campaigned on strict crime control, portraying New York as a city on the brink and prone to random episodes of violence.
The judge in the case, Maxwell Wiley, did not set a trial date for Wednesday, but scheduled deadlines for motions from both sides.
