Tim Walz "Look, Elon is on stage jumping around skipping like a dips*** on these things,"

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As the trial of Daniel Penny proceeds in New York City, emotions continue to run high, with protesters labeling Penny a "murderer" as jury selection moves forward. Penny, a 25-year-old former Marine, is facing charges of second-degree manslaughter and negligent homicide after allegedly causing the death of 30-year-old Jordan Neely on a subway in 2023.

Daniel Penny arrived at the courthouse this morning to dishonest protesters desperate to make this case about race.

But. It’s not.

This is Good v. Evil.

A man who threaten to kill strangers on a subway and a hero who made certain he didn’t. pic.twitter.com/OcBJ7KaEww

— police.law.news (@policelawnews) October 22, 2024

 

Neely, known for his performances as a Michael Jackson impersonator, reportedly entered the subway car and began shouting and threatening passengers, which led to the fateful encounter with Penny.

 

 

Penny is said to have restrained Neely by approaching him from behind and placing him in a chokehold. Neely was transported to a hospital but was later pronounced dead. The medical examiner ruled his death a homicide, citing compression of the neck as the cause. This tragic event has garnered widespread media attention, sparking protests and debates over the use of force, self-defense, and public safety in densely populated urban areas.

 

Protesters outside the courtroom held signs that read, "Rest in Power Jordan Neely," as they voiced their outrage. Inside the courtroom, the jury selection process continued into its second day. A pool of 86 jurors was brought in, and most raised their hands when asked if they were familiar with the case. New York Supreme Court Justice Maxwell Wiley addressed the potential jurors, stating, "Even if you have formed an opinion about it, that does not disqualify you from serving on this case. If you have formed an opinion on this case, you have to be prepared to change it."

 

By midday, 58 jurors had been excused, leaving 28 to return for further questioning later in the week. In the afternoon, a new pool of jurors was introduced, with 17 instructed to return on Friday and 35 excused. The trial is expected to last up to six weeks.

 

Earlier this month, Judge Wiley made critical rulings that will shape the trial. Both the prosecution and defense had filed motions to suppress certain pieces of evidence, but Wiley denied both sides' requests. The prosecution had opposed the defense’s attempt to introduce Neely’s medical records and call specific witnesses. Meanwhile, the defense objected to the introduction of Penny's statements made to police at the subway station and precinct shortly after the incident. Wiley’s decision cleared the way for all evidence to be presented during the trial.

 

Experts in the use of force have weighed in on how the trial could unfold. Dr. John R. Black, a retired police lieutenant and expert witness in cases involving high-stress decision-making, spoke to *Newsweek* about the prosecution's likely strategy. "The prosecutor's argument is primarily an argument of disproportionate response. This person did not represent the level of threat by which the technique that the other person chose was applied, so there's a mismatch," Black explained.

 

Similarly, Jamie Borden, a police veteran and expert in use-of-force cases, emphasized the role perception could play in the prosecution's case. "The prosecution is more than likely building their case on a passionate belief that something was done wrong. That doesn't mean that it wasn't done wrong, but I'm saying that they'll present their case from a point of passionate belief about the appearance of the incident."

 

On the other hand, Black suggested the defense would likely argue Penny’s actions were justified given the circumstances. "The other argument is we have the right to use a proportional level of force, and actually the law would say a reasonably necessary level of force to protect ourselves or to protect another."

 

Penny faces significant legal consequences if convicted. He could be sentenced to five to 15 years for the manslaughter charge and up to four years for negligent homicide. As the trial continues, the debate surrounding the case will undoubtedly intensify, as it touches on broader issues of race, mental health, and public safety in America’s largest city.

 

 

Based on a report from Newsweek | 2024-10-24