对丹尼尔·彭尼的审判2023年5月，一名无家可归的男子窒息死亡在纽约地铁车厢里，将于周一开始挑选陪审团。
据法官马克斯·威利称，审判预计将持续4至6周。
25岁的Penny对与Jordan Neely之死有关的二级过失杀人和刑事过失杀人的指控拒不认罪。
威利否认了佩妮的试图驳回他的过失杀人罪一月份的案子。
曼哈顿地方检察官办公室的检察官说，彭妮对30岁的尼利实施了致命的窒息，“持续了大约6分钟，并一直持续到尼利先生停止有目的的运动为止”。
彭妮的律师表示，他们“对人类生命的损失感到悲伤”，但彭妮看到了“真正的威胁，并采取行动保护其他人的生命”，认为尼利对曼哈顿F列车上的乘客构成了“疯狂的威胁”。
检察官说，目击者对尼利在火车上的行为说法不一。
他们注意到，许多证人转述说，尼利表示他无家可归，又饿又渴，大多数证人叙述说，尼利表示愿意进监狱。
一些目击者报告说，尼利威胁要在火车上伤害人，而其他人没有报告听到这些威胁。
一些目击者告诉警方，尼利在火车上大喊大叫，骚扰乘客;然而，其他人说尽管尼利表现出古怪的行为，但他没有威胁任何人也没有变得暴力。
那天火车上的一些乘客说他们没有感觉到威胁——一个人“并不真的担心发生了什么”,另一个人说这“就像纽约典型的另一天”。这是我习惯看到的。根据检方提交的法庭文件，我并没有真的看着它，如果我会受到威胁或任何类似的性质，但这有点不同，因为你知道，你真的不会听到任何人说这样的话。
其他乘客在法庭文件中描述了他们的恐惧。一名乘客说，他们“遇到了许多事情，但没有一件让我如此恐惧。”另一个人说，尼利正在做“半弓步动作”，来到“半英尺之内的人。”
据警方消息，尼利在死亡时无家可归，有记录在案的精神健康史和逮捕史，包括涉嫌扰乱治安、逃票和袭击。
据称，在彭妮掐住尼利的脖子后不到30秒，火车抵达了百老汇-拉斐特站:“那些因被困在火车上而感到恐惧的乘客现在可以自由地走出火车了。检察官约书亚·斯坦尼格拉斯(Joshua Steinglass)在一份反对彭妮解雇请求的法庭文件中说:“被告继续勒着尼利先生的脖子。10月4日，威利否认了所有要求隐匿证据的动议。
在给ABC新闻的一份声明中，代表尼利家庭的律师说，“这个案子很简单。有人上了火车，尖叫着，所以有人掐死了他们。这两件事不会也永远不会平衡。没有任何正当理由。”
“乔丹有权占用自己的空间。他被允许在火车上，甚至可以尖叫。他没有碰任何人。他不是那列火车上的游客，不是纽约的游客，也不是这个国家的游客，”律师唐特·米尔斯说。
互动的镜头开始于事件发生后约2分钟，捕捉到彭妮在一辆相对空旷的火车上抱着尼利约4分57秒，旁边有几名男性乘客。
检察官说，在视频开始大约3分10秒时，尼利停止了所有有目的的动作。
“在那一瞬间之后，尼利先生的动作最好被描述为‘抽搐，那种你在死亡时看到的垂死的动作，’”检察官说。
辩方认为彭妮没有杀人的意图，但斯坦尼格拉斯指出，二级过失杀人罪只需要检察官证明彭妮行为鲁莽，而不是故意的。
彭妮的律师史蒂文·雷泽和托马斯·肯尼夫在彭妮要求驳回指控的请求被驳回后说:“我们相信，陪审团意识到丹尼为了保护其他车手的生命而不顾自身安全的行为，会做出公正的裁决。”
"丹尼很感激在这个艰难的过程中不断的祈祷和支持."
在审判前，Penny已经为他的法律辩护基金筹集了300多万美元。
Daniel Penny set to stand trial in death of Jordan Neely
The trial of Daniel Penny, the Marine veteran charged in theMay 2023 choking death of a homeless manin a New York City subway car, is set to begin Monday with jury selection.
The trial is expected to last between four and six weeks, according to Judge Max Wiley.
Penny, 25, has pleaded not guilty to the charges of second-degree manslaughter and criminally negligent homicide in connection with Jordan Neely's death.
Wiley denied Penny'sbid to dismiss his involuntary manslaughtercase in January.
Penny put Neely, 30, in a fatal chokehold "that lasted approximately 6 minutes and continued well past the point at which Mr. Neely had stopped purposeful movement," prosecutors with the Manhattan District Attorney's Office have said.
Penny's attorneys have said that they were “saddened at the loss of human life” but that Penny saw “a genuine threat and took action to protect the lives of others," arguing that Neely was "insanely threatening" to passengers aboard the F train in Manhattan.
Witness accounts differ on Neely’s behavior in the train, prosecutors say.
They note that many witnesses relayed that Neely expressed that he was homeless, hungry and thirsty, and most of the witnesses recount that Neely indicated a willingness to go to jail or prison.
Some witnesses report that Neely threatened to hurt people on the train, while others did not report hearing those threats.
Some witnesses told police that Neely was yelling and harassing passengers on the train; however, others have said though Neely had exhibited erratic behavior, he hadnot been threatening anyone in particularand had not become violent.
Some passengers on the train that day said they didn't feel threatened -- one "wasn't really worried about what was going on" and another called it "like another day typically in New York. That's what I'm used to seeing. I wasn't really looking at it if I was going to be threatened or anything to that nature, but it was a little different because, you know, you don't really hear anybody saying anything like that," according to court filings by the prosecution.
Other passengers described their fear in court filings. One passenger said they "have encountered many things, but nothing that put fear into me like that." Another said Neely was making “half-lunge movements” and coming within a “half a foot of people."
Neely, who was homeless at the time of his death, had a documented mental health history and a history of arrests, including alleged instances of disorderly conduct, fare evasion and assault, according to police sources.
Less than 30 seconds after Penny allegedly put Neely into a chokehold, the train arrived at the Broadway-Lafayette Station: "Passengers who had felt fearful on account of being trapped on the train were now free to exit the train. The defendant continued holding Mr. Neely around the neck,” said prosecutor Joshua Steinglass in a court filing against Penny's dismissal request. Wiley denied all motions to suppress evidence on Oct. 4.
In a statement to ABC News, an attorney representing Neely's family said, "This case is simple. Someone got on a train and was screaming so someone else choked them to death. Those two things do not and will never balance. There is no justification."
"Jordan had the right to take up his own space. He was allowed to be on that train and even to scream. He did not touch anyone. He was not a visitor on that train, in New York, or in this country," attorney Donte Mills said.
Footage of the interaction, which began about 2 minutes after the incident started, captures Penny holding Neely for about 4 minutes and 57 seconds on a relatively empty train with a couple of male passengers nearby.
Prosecutors said that about 3 minutes and 10 seconds into the video, Neely ceases all purposeful movement.
"After that moment, Mr. Neely's movements are best described as 'twitching and the kind of agonal movement that you see around death,'" the prosecutor said.
The defense argued Penny had no intent to kill, but Steinglass noted that the second-degree manslaughter charge only requires prosecutors to prove Penny acted recklessly, not intentionally.
"We are confident that a jury, aware of Danny's actions in putting aside his own safety to protect the lives of his fellow riders, will deliver a just verdict,” said Penny's lawyers, Steven Raiser and Thomas Kenniff, after Penny’s request to dismiss the charge was denied.
“Danny is grateful for the continued prayers and support through this difficult process."
Penny has raised more than $3 million for his legal defense fund ahead of the trial.
