Jury selection begins in the trial of a man accused of death by suffocation on a New York subway

NEW YORK (AP) – Jury selection began Monday in the criminal trial of a U.S. Marine veteran charged with involuntary manslaughter for putting the man in killer hug last yr on the New York subway.

Daniel PennyThe 25-year-old is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street artist. Witnesses say that on May 1, 2023, Neely was acting erratically on the train when Penny approached to stop him.

Neither Penny nor his lawyers commented on the case once they arrived in court on Monday. He has he pleaded not guilty on the issue, which has sparked debate and division at local and national levels.

After Neely’s death, protesters took to the streets to demand that authorities arrest Penny – who’s white; Neely was black while others gathered outside the courthouse when he heard the charges. The case too became a cause celebre amongst Republican presidential candidates.

Penny who he served 4 years in the Marine Corps before his discharge in 2021, was free on $100,000 bail. He faces as much as 15 years in prison if convicted of second-degree manslaughter and as much as 4 years if convicted of criminally negligent homicide.

On Monday morning, greater than 80 potential jurors arrived in court for the first round of questioning. The focus is on whether or not they have work or family responsibilities that might prevent them from going through the trial, which is anticipated to last until December.

It will likely take several days before potential jurors are questioned about any beliefs, personal connections or life experiences which may affect their ability to serve truthfully and impartially.

The selection process and potential two-week timeframe aren’t unusual in long-term trials in Manhattan.

Witnesses say Neely, who has struggled with drug addiction, mental illness and homelessness, screamed and demanded money when Penny approached him.

Penny he pinned Neely to the ground with the help of two other passengers and placed him in pressure for greater than three minutes until Neely’s body went limp. The health worker ruled the death a homicide caused by neck compression.

Penny’s lawyers argue that the Long Island resident had no intention of killing Neely, but merely of holding him down long enough for police to reach. Penny claims Neely screamed, “I’m going to kill you,” and that he was “ready to die” or be imprisoned for all times.

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Penny’s attorney, Steven Raiser, said the defense plans to cite other potential causes of Neely’s death, including high levels of a synthetic cannabinoid often known as K2 found in his system.

They may also argue that the video shared widely on social media proves that Penny didn’t apply pressure consistently enough to render Neely unconscious, much less kill him.

Prosecutors argued in their court filings that Penny’s actions were reckless and negligent, even when he didn’t intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment before the hearing.

Neely’s uncle, Christopher Neely, said he and other relations had been anxiously awaiting this moment.

“We only think about justice for Jordan,” he told The Associated Press last week.