On May 1, 2023, Penny was riding the northbound F train in Manhattan on his way to the gym when Neely entered the car and reportedly began screaming at other passengers, "I don't have food, I don't have a drink, I'm fed up. I don't mind going to jail and getting life in prison. I'm ready to die." One passenger reported that the homeless man shouted, "Someone is going to die today."

Neely took off his jacket and threw it on the floor of the subway car "violently," according to witnesses and began making "half-lunge movements" at other passengers, who later told a grand jury that they feared for their lives. One woman present called Neely's behavior "satanic" and "absolutely traumatizing," adding that she believed that she "was going to die." Another woman was taking her son to a doctor's appointment and testified that she hid with her son behind a stroller when Neely charged at her. She told the grand jury that Neely said, "I want to hurt people, I want to go to Rikers. I want to go to prison." A high school student commuting to and from class reported that she was so scared that she grabbed her classmate and began praying. Neely also reportedly threw trash at other passengers.

Finally, about 30 seconds before the train reached its stop, Penny grabbed Neely from behind and put him in a chokehold, falling to the ground with him in the process. Although prosecutors later alleged that the Marine veteran was attempting to murder Neely, witnesses present recalled that the confrontation "really just looked like a struggle" and that Penny did not seem to have "control of the situation." Two other men later assisted Penny and held down Neely's arms, which he was flailing at Penny and other passengers, in addition to kicking.

Penny's defense lawyers also noted prior to the trial that he was trained in the use of non-lethal force. A Marine Corps drill sergeant offered expert testimony and clarified that Penny would have certainly been trained in the use of a non-lethal chokehold in order to subdue an aggressor. The drill sergeant noted, referring to video footage of the incident captured on a cell phone, that if Penny had been trying to kill Neely, he would have pushed his head forward in order to cut off his arteries, which Penny did not do. Penny has insisted that he held Neely in a chokehold for less than five minutes, enough time for threatened passengers to exit the train once it reached the stop. Prosecutors, however, claim that the chokehold lasted at least six minutes.

One passenger reportedly warned that it seemed like Neely had defecated himself, telling Penny, "You don't want to catch a murder charge. You got a hell of a chokehold, man." One of the men holding Neely's arms down responded that the fecal stains were old and had been on Neely's pants when he entered the train. He also reported that Penny was now simply restraining Neely and had stopped "squeezing." When Neely finally stopped struggling, Penny released his hold and turned the homeless man onto his side, to prevent him choking on his own saliva. New York Police Department (NYPD) officers arrived minutes later and found Neely unconscious but alive. New York Fire Department (NYFD) arrived to take Neely to the hospital, but he was reportedly dead upon arriving there.

Penny was questioned by police and told them that he was attempting to de-escalate the situation and protect his fellow passengers. He said that he never intended to harm, much less kill, Neely. He was released without being charged. Over the following several days, a number of protests broke out, calling for Penny to be charged with murder and accusing him of racism: Penny is a white man and Neely was a black man. Protests included marches and acts of vandalism, resulting in numerous protestors being arrested. Penny vehemently denied accusations that he was a "white supremacist," saying, "Some people say this was about race, which is absolutely ridiculous. I didn't see a black man threatening passengers. I saw a man threatening passengers. A lot of whom were people of color."

Prior to his death, Neely had been arrested numerous times in the past, often for incidents related to his behavior on the subway. Incidents included breaking a 67-year-old woman's nose, punching a 68-year-old man in the face, hitting another man in the face so hard that he broke his nose, hitting another woman in the face, pulling down his pants and exposing himself to a female stranger, and violating a restraining order. He had spent much time in jails and hospitals and a warrant had been issued for his arrest when he skipped a compliance court date and left a court-assigned drug rehab treatment center. New York's Department of Homeless Services kept Neely on their "Top 50" list. According to The Washington Examiner, the 30-year-old Neely had been arrested 42 times for crimes and misdemeanors ranging from theft and evading fares to public lewdness and assault. (Image: Pixabay)

While New York City's Democratic Mayor Eric Adams urged New Yorkers to respond with "patience" while the legal process plays out, other Democrats were less retrained. Governor Kathy Hochul (D) called Penny's actions "very extreme" and demanded legal "consequences" for Neely's death. Democratic state senator Julia Salazar called Penny's actions "a lynching." Rep. Alexandria Ocasio-Cortez (D-N.Y.) outright claimed that Penny had murdered Neely. Adams responded by calling such responses irresponsible and again urging patience while detectives and prosecutors concluded their investigations.

Two weeks after being released by the police, Penny was arrested and charged with second-degree manslaughter after being indicted by a grand jury. An additional charge of negligent homicide was later added. He has pleaded not guilty to both charges.

When Penny arrived at court for the first day of jury selection on Monday, he was again met by protestors, some of whom called him a "murderer." Others carried signs reading, "End Racist Vigilantism Now," "Convict Daniel Penny," and "No to White Supremacist Violence." Inside the courthouse, 45 out of 86 prospective jurors were dismissed. Jury selection is expected to last through the week. Prosecutors reportedly intend to argue that Penny acted in a "negligent" manner in restraining Neely and that the homeless man's death was avoidable.

Meanwhile, Penny's defense team, Thomas Kenniff and Steven Raiser, have said that they intend to "put jurors in that train car and challenge them with what the safest response would be in the face of Neely's chaos," according to the New York Post. They will also question the city medical examiner's conclusion that Neely died as a result of the chokehold, noting that the medical examiner never presented any evidence before the grand jury and observing that toxicology reports showed that Neely had a synthetic drug called K2 in his system at the time of death.

In comments to The Washington Stand, Mark R. Weaver, a lawyer and the communications consultant for Penny's defense team, asked American Christians to pray for the Marine veteran. "Daniel Penny is a Christian going through a trial that, like all our trials, is testing his faith. His willingness to take action to protect the women and children on that subway car after they were threatened with death is a testament to his character and courage," Weaver said. He continued, "He's repeatedly told me how much the prayers of others mean to him as he faces this ordeal. We hope millions will pray for him..." Weaver also noted that those interested can donate to Penny's legal defense fund. Subscribe for free to Breaking Christian News here

S.A. McCarthy serves as a news writer at The Washington Stand.

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