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Penny pinned him to the ground with the help of two other passengers and strangled him for more than three minutes. Neely, 30, lost consciousness during the struggle. The strangulation death, which was caught on video by a bystander, has sparked intense debate, with some praising Penny as a good Samaritan and others accusing him of vigilantism. racist. Penny is white and Neely was black. Neely’s family members and supporters have said that Neely, who struggled with mental illness and homelessness, was screaming for help and was met with violence.
NEW YORK — Defense attorneys for Daniel Penny, the U.S. Navy veteran who fatally suffocated Jordan Neely aboard the New York City subway, asked a judge to dismiss the case.
Penny, 24, has pleaded not guilty to second-degree murder and criminally negligent homicide in the May 1 death of Neely, a former Michael Jackson impersonator who was yelling and demanding money on the Manhattan train, according to witnesses.
Penny pinned him to the ground with the help of two other passengers and strangled him for more than three minutes. Neely, 30, lost consciousness during the struggle.
The strangulation death, which was caught on video by a bystander, has sparked intense debate, with some praising Penny as a good Samaritan and others accusing him of racist vigilantism. Penny is white and Neely was black.
In a court filing last week, Penny’s attorneys highlight testimony from grand jury witnesses who were on the May 1 train. One of those passengers, the motion says, feared “he would die” when Neely approached.
A mother and her son on the F train took cover behind a stroller and a high school student claimed Neely said “someone is going to die today,” according to court documents.
“We are confident that the evidence presented to the grand jury was legally flawed. The passengers on that train overwhelmingly support Danny and his account of the incident. Mr. Neely was a threat and people feared for their lives,” Penny’s attorneys said. in a statement obtained by NBC News.
The Manhattan District Attorney’s Office declined to comment, but a spokesperson said it would respond in a court filing.
To obtain a conviction for involuntary manslaughter, which carries a prison sentence of up to 15 years, prosecutors would have to prove that Penny recklessly caused Neely’s death while knowing the risk of serious harm.
A criminally negligent homicide conviction would require the jury to find that Penny unreasonably put Neely at risk of death, but did not perceive that risk. The maximum penalty would be four years in prison.
Penny, who served in the Marine Corps for four years and was discharged in 2021, said he acted to protect himself and others from Neely. In a video statement released by his lawyers weeks after the incident, Penny claimed that Neely repeatedly said “I’m going to kill you” and that he was ready to die or spend his life in prison.
Neely’s family members and supporters have said Neely, who struggled with mental illness and homelessness, was screaming for help and was met with violence.
2023-10-12 03:04:58
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