Trial of Daniel Penny in Subway Killing Begins With Opening Statements

Mr. Penny is charged with manslaughter in the May 2023 killing of Jordan Neely, whom he put in a chokehold in a subway car. Video of the episode spread online.

Nearly 18 months after a video of Daniel Penny fatally choking another man in a subway car in Manhattan spread online, a jury on Friday began hearing the first official arguments about whether or not his actions were criminal.

Mr. Penny, a former Marine, is charged with manslaughter and criminally negligent homicide in the death of Jordan Neely, a 30-year-old homeless man who had a history of mental illness. Mr. Penny, 26, said he had stepped in to restrain Mr. Neely, who had been threatening passengers after boarding the train.

Opening statements began on Friday in the case, which centers on what happened as that F train traveled between stations and in the minutes after it stopped at Broadway-Lafayette Street on May 1, 2023.

In interviews with detectives that night, Mr. Penny said he intervened because he had felt Mr. Neely “was absolutely killing someone” that day.

Prosecutors have argued that Mr. Penny’s actions became criminal when he refused to let go of Mr. Neely long after he had gone limp, after the train doors had opened and people had exited the subway car.

The opening statements are the first chance for the lawyers on both sides to start laying out their cases to the 12 jurors and four alternates who will spend the next several weeks listening to witnesses and experts. The trial is expected to last through Thanksgiving.