Questions Facing Daniel Penny Jurors As Day 6 Of Selection Process Wraps Up

As jury selection for the Daniel Penny trial entered its sixth day on Monday, potential jurors are being weeded out with a series of targeted questions.
Penny, a 25-year-old former Marine, is facing charges of second-degree manslaughter and negligent homicide. He is accused of choking and killing 30-year-old Jordan Neely on a New York City subway in 2023. Neely, a well-known Michael Jackson impersonator, boarded the subway and reportedly began threatening people. Penny allegedly approached him from behind and placed him in a chokehold.
Neely was later pronounced dead at a hospital. His death was ruled a homicide by compression of the neck.
Jury selection in the trial began on October 21. Initial pools of potential jurors were asked about their ability to serve on a trial that could last up to six weeks. Potential jurors who were not dismissed were told to return for the next round of questioning.
On Friday, about 20 potential jurors were asked if they or anyone close to them has served in the military, has experience in martial arts or wrestling or has struggled with drug addiction or homelessness.
They were also asked how frequently they use the subway and whether they have witnessed an outburst there.
Most of the individuals who were questioned rode the subway at least occasionally and many said they had witnessed outbursts. Some said the incidents they saw did not make them feel threatened, while others said they did have that feeling.
One potential juror recalled an experience he had on the subway. He said he was sitting near a woman on the subway when a man approached both of them and seemed upset that the woman was ignoring him. The potential juror said he exited the train as another man got up, seeming as though he was going to intervene.
Another potential juror said he had not ridden the subway during the COVID-19 pandemic, but he “heard of some criminal violence” there.
Neely performed as a Michael Jackson impersonator in Times Square, on subways and in subway stations.
He began struggling with mental health problems after his mother was murdered and her body was found stuffed in a suitcase in 2007. Neely was 14 years old at the time.
He became homeless and struggled with drug use. He was also arrested 42 times and pleaded guilty to assaulting a stranger in 2021.
Family, friends, elected officials and others gathered to honor Neely shortly after his death in 2023. Rev. Al Sharpton delivered the eulogy.
“Jordan was not annoying someone on the train. Jordan was screaming for help,” Sharpton said. “We keep criminalizing people with mental illness.”
Protesters held a demonstration outside of the courthouse as jury selection began last week. Some held signs reading “Rest in Power Jordan Neely.”
Penny is a former Marine sergeant. He served from 2017 to 2021 as a rifleman to Camp Lejeune.
He deployed to the Mediterranean with the 22nd Marine Expeditionary Unit.
A legal defense fund for Penny has raised over $3 million.
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