November 17th 2023.
Prosecutors in the case of former U.S. Marine Daniel Penny have argued that Jordan Neely, the 30-year-old man allegedly killed in an NYC subway by Penny's chokehold, had been held for over one minute after he “ceased all purposeful movement”, according to CNN.
On Nov. 15, Assistant District Attorney Joshua Steinglass filed a motion to establish Penny’s lethal actions as “unnecessary”. In the filing, he claimed that witness accounts of the incident were different from those of the suspect.
"Many witnesses relayed that Mr. Neely expressed that he was homeless, hungry, and thirsty. Most recount that Mr. Neely indicated a willingness to go to jail or prison," Steinglass said.
Penny's attorneys, however, have asked that the case be dismissed due to the threat Neely posed to fellow passengers. Thomas Kenniff, the defense attorney for Penny, said that the prosecution "omits mention of the numerous eyewitnesses who described how Neely violently resisted the attempt to restrain him".
Steinglass also argued that Penny's actions after Neely appeared to be “twitching” and displaying “the kind of agonal movement that you see around death” were, at best, reckless. He believes this is foundational to the charge of second-degree manslaughter.
"The notion that death is not a foreseeable consequence of squeezing someone’s neck for six minutes is beyond the pale," Steinglass said.
Penny pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide. He is scheduled to appear in court on Dec. 6.
The case of former U.S. Marine Daniel Penny is highly contested, with both sides arguing different accounts of the incident and putting forward their respective evidence. We will have to wait until the court hearing to see how the judge decides.
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