Daniel Penny Trial: Closing Arguments Begin After Thanksgiving Break

Created: JANUARY 25, 2025

Following the Thanksgiving holiday, the manslaughter trial of Daniel Penny recommenced, with closing arguments anticipated from both the prosecution and defense. The 26-year-old former Marine and architecture student could face a maximum sentence of 15 years if found guilty in the death of Jordan Neely. Neely, a 30-year-old homeless individual with a history of mental illness and a prior warrant, tragically died after Penny restrained him on a subway car. Neely's outburst, characterized by threats and erratic behavior, reportedly stemmed from his intoxication with synthetic marijuana.

Daniel Penny enters court for closing arguments in his manslaughter trial

Daniel Penny arriving at Manhattan Supreme Court on December 2, 2024, for closing arguments in his manslaughter trial. (Julia Bonavita/Fox News Digital)

The defense rested its case after presenting a final witness who disclosed Neely's outstanding warrant and history of schizophrenia. Defense attorney Steven Raiser delivered a two-hour closing argument, asserting that Penny's actions were justified, lawful, and not the sole cause of Neely's death. Raiser emphasized Penny's unique training and the absence of police or other assistance at the time of the incident. He highlighted the seven-minute police response time and the 20 minutes it took for medical personnel to arrive. He argued that Neely was on a "collision course with himself" and that a "broken system" contributed to the tragic outcome.

Jordan Neely is pictured before going to see the Michael Jackson movie

Jordan Neely in 2009. (Andrew Savulich/New York Daily News/Tribune News Service via Getty Images)

Assistant Manhattan District Attorney Dafna Yoran presented the prosecution's closing argument, stating that Neely's death was preventable. While acknowledging Neely's threatening behavior, Yoran argued that Penny employed excessive force for an extended duration, leading to the fatality.

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Several witnesses testified for the prosecution, describing Neely's behavior as unusually threatening for the subway environment. The trial has also highlighted the racial dynamics of the case, with Neely being Black and Penny White, although no hate crime charges have been filed. Judge Maxwell Wiley is expected to provide detailed instructions to the jury before deliberations commence.

A witness speaks during the Daniel Peny trial into the chokehold death of Jordan Neely

Courtroom sketch of witness Laurie Sitro. (Jane Rosenberg)

Various witnesses recounted their experiences during Neely's outburst, with some expressing fear for their safety. One witness, Arethia Gittings, stated she returned to the scene to thank Penny for his intervention.

A witness speaks during the Daniel Peny trial into the chokehold death of Jordan Neely

Courtroom sketch of witness Arethia Gittings. (Jane Rosenberg)

Daniel Penny arrives at the Manhattan Criminal Courthouse building

Daniel Penny arriving at Manhattan Criminal Courthouse. (Rashid Umar Abbasi for Fox News Digital)

In addition to manslaughter, Penny faces a lesser charge of criminally negligent homicide. The jury must determine whether Penny acted with recklessness or negligence.

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