Daniel Penny doesn’t testify as his defense rests in subway chokehold trial

By JENNIFER PELTZ The Associated Press

Daniel Penny arrives at the court after break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)[ASSOCIATED PRESS/Yuki Iwamura]

NEW YORK (AP) — Daniel Penny chose not to testify and defense lawyers rested their case Friday at his trial in the death of an agitated man he choked on a subway train.

Closing arguments are expected after Thanksgiving in the closely watched manslaughter case about the death of Jordan Neely, 30.

The encounter between Penny, a white Marine veteran, and Neely, a homeless Black man with mental health and drug problems, has been drawn into U.S. political divides over race, public safety and cities’ ability to handle mental illness and social ills.

Penny, 26, has pleaded not guilty. Many criminal defendants don’t take the stand, and juries are routinely instructed that they cannot hold defendants’ silence — a constitutional right — against them.

One of Penny’s lawyers, Thomas Kenniff, noted after court that jurors did hear from Penny, in the form of his recorded statements to police minutes and hours after he put Neely in a chokehold.

“Virtually everything he said then is consistent with credible testimony of his fellow passengers,” Kenniff said.

Penny told police that he wrapped his arm around Neely’s neck, took him to the floor and “put him out” because he was angrily throwing things and making threatening comments. Penny said on police video that he hadn’t wanted to injure Neely but rather to keep him from hurting anyone else.

A number of other passengers testified that they were scared of Neely and relieved that Penny grabbed hold of him.

A man who later stepped in and held down Neely’s arms, however, told jurors that he urged Penny to let go but that the veteran kept choking Neely for a time.

Prosecutors say Penny meant to protect people but recklessly used too much force, overlooking Neely’s humanity and making no effort to spare his life.

City medical examiners ruled that the chokehold killed Neely. A pathologist hired by Penny’s defense disputed that finding.

Prosecutors, defense lawyers and the judge are set to meet Monday to hash out jury instructions. ___ This story was first published Nov. 22, 2024. It was updated Nov. 25, 2024 to correct the first name of one of Penny’s lawyers. He is Thomas Kenniff, not Daniel Kenniff.