Daniel Penny trial: Meet the jurors who will decide Marine veteran’s fate in subway chokehold case
After eight days of jury selection, Marine veteran Daniel Penny’s manslaughter trial kicked off Friday for the death of Jordan Neely, an erratic homeless man he placed in a chokehold during an outburst on the subway.
NYPD bodycam showing the police response to a deadly encounter has also been released, with the trial underway. Prosecutors previously played the video in court, but a judge ruled it would not be made public until after it entered the public record at Penny’s manslaughter trial, which began Friday.
Several responding officers testified on day 1, and the proceedings resumed Monday morning with witness #5 for the prosecution, Cecil Postell, on the stand. The bodycam played during testimony from NYPD Officer Teodoro Tejada, the first witness to testify and one of the first police on scene.
Twelve jurors and four alternates were selected from a pool of more than 100 Manhattan residents to weigh Penny’s fate. During part of an eight-day selection process, jurors were asked about their favorite news organizations, whether they personally knew crime victims, drug addicts or mentally ill people, and how much disorder they’ve seen on the city’s subway system.
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Daniel Penny arrives for opening arguments in his trial at Manhattan Criminal Court in New York City on November 1, 2024. Penny, a Marine veteran, is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)
JUROR #1
A marketing and communications rep for a nonprofit art agency who said she has seen outbursts on the subway before and previously served as an alternate juror on an armed robbery case.
Originally from New Jersey, she said she feels apprehensive about being physically threatened, has a master’s degree in theater management and teaches marketing on the side.
WATCH: NYC court releases Daniel Penny, Jordan Neely bodycam
JUROR #2
A male who lives in Washington Heights and works in health care. During the selection process, he said he had never seen a disturbance from a subway rider.
He came to the U.S. from his native Philippines.
JUROR #3
A computer programmer from the East Village who is originally from Atlanta. He rides the subway occasionally, has never seen an outburst or been threatened and likes video games.
Screenshot from bystander video showing Jordan Neely being held in a chokehold on the New York City subway. (Luces de Nueva York/Juan Alberto Vazquez via Storyful)
JUROR #4
A female lawyer from Yorkville. She had family members in both the military and police departments but said she will be able to follow the judge’s instructions and be a fair juror.
She has witnessed subway outbursts and has felt personally targeted.
JUROR #5
A retiree from the Upper East Side who said during the selection process that he rides the subway once or twice a week and has witnessed outbursts and has felt personally targeted but has not called police.
He’s previously sat on two grand juries.
Protestors, including Christopher Neely, uncle of Jordan Neely, gather calling for justice for Jordan Neely outside of the trial of Daniel Penny at Manhattan Supreme Court in New York City on Friday, November 1, 2024. Today is the first day of opening statements in Penny’s trial, where he is charged with second-degree manslaughter and criminally negligent homicide in the 2023 death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News Digital)
JUROR #6
A retired librarian from Morningside Heights, near Columbia University. She served on a jury a decade ago, her daughter was once assaulted in Times Square, and despite riding the subway daily she has never seen an outburst or been targeted herself.
JUROR #7
A man from the Upper West Side who rides the subway regularly but said he had never been harassed on the city’s rail system. He has seen outbursts, however.
This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May 12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. Daniel Penny, 24, a U.S. Marine veteran who used a fatal chokehold on agitated New York City subway passenger Jordan Neely, was freed from custody hours after surrendering to face a manslaughter charge filed nearly two weeks after the encounter. (Courtesy Mills & Edwards, LLP via AP)
JUROR #8
An East Village woman who came to the U.S. from Ukraine 45 years ago. She is a retired journalist who works in a gift shop and supports her unemployed son.
She said she does not ride the subway as much as she used to but has never had any problems.
JUROR #9
A woman originally from Nebraska who has lived on the Upper West Side for more than 40 years with her husband, a former advertiser who survived a street mugging.
She’s served on two prior juries and said “Yes, of course” she has witnessed subway outbursts, although none had targeted her personally.
A sketch depicts Daniel Penny appearing in Manhattan Supreme Court on Monday, October 21, 2024 in New York City. Daniel Penny is on trial for the choking death of Jordan Neely. (Jane Rosenberg)
JUROR #10
A West Village woman who endured harassment on a near-empty subway car and said during the selection process that force could be justified under certain circumstances.
Despite her harrowing subway encounter, she said she didn’t call police. She and her friend switched cars instead to get away from an erratic man who was swearing at them and calling them names.
JUROR #11
A midtown lawyer who survived a robbery four years ago. A regular subway rider, he said he has witnessed outbursts but has never been personally attacked.
JUROR #12
A paralegal who doesn’t work on criminal cases.
She said she is a regular straphanger who has seen outbursts but never been personally harassed.
The twelve jurors and four alternates took their seats Friday for opening statements.
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Penny is a 25-year-old Marine Corps veteran and college student majoring in architecture.
Neely was a 30-year-old homeless man and former Michael Jackson impersonator with a history of mental illness and criminality, including a prior charge for assaulting a 67-year-old New York City woman in 2021.
Penny faces up to 19 years in prison if convicted.
