Judge Comments On Penny Case

The trial of ex-Marine Daniel Penny, charged with second-degree manslaughter and criminally negligent homicide for the death of Jordan Neely on a New York subway, is facing a major twist. A couple who reportedly filmed Penny restraining Neely in a chokehold have refused to return to the U.S. from Europe to testify, according to reports. This refusal has left both prosecutors and defense attorneys scrambling, as their footage could potentially be a critical piece of evidence.

During a pre-trial conference, Manhattan Supreme Court Justice Maxwell Wiley revealed that the couple, who captured the incident on video, has declined to testify before the Grand Jury or provide the footage to the District Attorney’s office.

Despite multiple video meetings with prosecutors, the tourists—who remain unidentified—have not shared their reasons for withholding the footage and refusing to return to New York for the trial. Penny’s defense team believes that the video could be highly beneficial to their case, possibly showing a different angle of the confrontation that led to Neely’s death.

For Penny, the stakes are high. His defense hinges on the claim that he was protecting subway passengers from Neely, who witnesses say was threatening riders before Penny intervened. On that day in May 2023, Neely reportedly hurled threats, including that he would “kill a motherf*****,” while throwing garbage at passengers.

Penny, alongside two other individuals, restrained Neely in an effort to subdue him. Neely lost consciousness in the chokehold and was later pronounced dead, with the medical examiner ruling the cause of death as a homicide due to neck compression.

While the tourists’ video remains elusive, prosecutors do have other video footage of the incident, but the couple’s refusal to cooperate is creating challenges for both sides. Penny’s lawyer, Thomas Kenniff, stated that the tourists’ testimony could be “incredibly favorable” for Penny, giving a clearer account of what transpired.

He added that their testimony might even be more “probative” than any other evidence in the trial. The defense is exploring options for remote testimony from Europe, but the legal and logistical hurdles, possibly involving international law and the Hague, remain unclear.

This turn of events adds another layer to a high-profile case that has captivated national attention. Penny, a former Marine squad leader, has pleaded not guilty to the charges, maintaining that Neely’s death was not racially motivated and that he acted out of a duty to protect others. The case has become a lightning rod for debates on race, mental health, and the safety of public spaces.

Neely, who had a history of mental illness and homelessness, also had a criminal record, including multiple assaults on subway passengers. His troubled past has been used by both sides to argue their case—Penny’s supporters claim he acted to prevent further violence, while Neely’s family contends that Penny’s actions were unjustifiable.

The trial is set to begin in late October, with jury selection starting on the 21st. If convicted, Penny faces up to 19 years in prison. The absence of the couple’s video and testimony could become a pivotal issue, as the court grapples with the challenge of piecing together what exactly happened on that subway train. Meanwhile, the conversation around public safety, mental health, and race in New York City continues to escalate.