NYC Subway Chokehold Case: Prosecution Opposes Dismissal, Highlights Intensity of Fatal Encounter Between Daniel Penny and Jordan Neely

In a recent court filing, prosecutors presented a strong argument against dismissing the case of Daniel Penny, a former U.S. Marine accused of fatally choking Jordan Neely on a New York City subway train. The incident occurred on May 1 on the F train, with Penny facing charges of second-degree manslaughter and criminally negligent homicide. Neely, who was homeless at the time, succumbed to the chokehold that prosecutors claim lasted over six minutes and continued even after Neely showed no signs of purposeful movement.

Penny, who has pleaded not guilty, had his attorneys request the dismissal of the case, citing Neely’s allegedly threatening behavior aboard the train. However, assistant district attorney Joshua Steinglass countered this narrative in the new filing, highlighting varied eyewitness accounts regarding the perceived threat posed by Neely. Some passengers expressed fear, but others did not perceive an immediate threat, with one witness describing the incident as a typical day in New York.

The prosecution stressed that the chokehold persisted even after the train arrived at the Broadway-Lafayette Station, where passengers had the opportunity to leave. Video evidence, beginning two minutes into the chokehold and lasting nearly five minutes, showed Penny maintaining his grip on Neely, who eventually ceased all meaningful movement. Despite this, Penny’s hold continued for an additional 51 seconds, leading to Neely’s death.

The defense maintained that Penny had no intention to kill Neely. However, the prosecution argued that for second-degree manslaughter, it only needs to be proven that Penny acted recklessly. The prosecution’s filing emphasized the unnecessary and prolonged nature of the chokehold, highlighting an eyewitness’s plea in the video for Penny to release Neely to prevent fatal consequences.