Assistant District Attorney Dafna Yoran, in her opening statement, painted a chilling picture of the defendant's actions, stating, "The manner in which the defendant permanently silenced Jordan Neely evinced the defendant's belief that Mr. Neely didn't deserve even the minimum modicum of humanity."
According to Newsweek, Yoran further elaborated on Penny's alleged disregard for Neely's life, stating, "Penny's indifference toward Mr. Neely, the man whose life he was literally holding in his hands, caused him to disregard the most basic precautions and needlessly kill him, long after any threat he posed had dissipated." The prosecution has labeled Neely's 2023 death as a reckless killing, while Penny, 25, maintains it was an act of self-defense.
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The incident unfolded on May 1, 2023, when Penny, an architecture student and former U.S. Marine, encountered Neely, a homeless street performer, on a New York City subway. Neely, who was known to suffer from mental illness and drug addiction, was reportedly making erratic movements and threatening harm to others. In response, Penny intervened, placing his arm around Neely's neck and holding him down.
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Yoran stated that Penny held Neely in this position for approximately six minutes, ignoring pleas from a fellow subway rider who warned, "If you don't let him go now, you're going to kill him." It was almost a minute after Neely's body went limp that Penny released his hold, prosecutors claim. City medical examiners later determined that Neely died from compression of the neck, a finding that Penny's defense team plans to challenge.
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Penny has maintained that his actions were aimed at "deescalating" the situation and preventing Neely from causing harm. "I wasn't trying to hurt Neely but rather keep him from hurting anyone else," he stated. However, his actions have sparked a divisive debate, with some labeling him a white vigilante killer of an unarmed Black man, while others hail him as a good Samaritan protecting his fellow New Yorkers.
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Steven Raiser, Penny's attorney, has argued that a conviction in this case "will have a chilling effect on every New Yorker's right and duty to stand up for each other." The case has drawn attention from both sides of the political spectrum, with Republican politicians publicly defending Penny, while Democratic officials attended Neely's funeral.
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As the trial continues, Yoran emphasized to the jury that the case is not "a referendum on our society's failure to deal with mental illness and homelessness on the subway," or on police response, or on whether Penny had a right to intervene before police arrived on the scene. Instead, she argued, "He used far too much force for far too long. He went way too far." As the trial unfolds, it remains to be seen how the jury will interpret these events and what implications this case will have for the broader societal issues it touches upon.