(NewsNation) — Jury selection in the case against a former marine charged in the 2023 chokehold, subway death of a homeless man began Monday in a Manhattan courtroom.
Daniel Penny, now 25, is accused of “recklessly causing the death” of Jordan Neely, a 30-year-old former street performer who witnesses say was acting erratically on the train on May 1, 2023, when Penny moved to restrain him.
Penny, who served four years in the Marines before being discharged in 2021, has pleaded not guilty to charges of second-degree manslaughter and criminally negligent homicide. He has been free on a $100,000 bond but faces up to 19 years in prison if convicted.
The trial is expected to last between four to six weeks.
Protesters took to the streets to demand that authorities arrest Penny — who is white; Neely was Black — while others rallied in support outside the courthouse once he was charged. The case also became a cause celebre among Republican presidential hopefuls.
NEW YORK, NEW YORK – OCTOBER 21: Protesters gather outside of a New York City courthouse as jury selection begins in the trial of Daniel Penny, who is charged in the death of Jordan Neely, on October 21, 2024, in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Protesters gather outside of a New York City courthouse as jury selection begins in the trial of Daniel Penny, who is charged in the death of Jordan Neely, on October 21, 2024, in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Protesters gather outside of a New York City courthouse as jury selection begins in the trial of Daniel Penny, who is charged in the death of Jordan Neely, on October 21, 2024, in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Protesters gather outside of a New York City courthouse as jury selection begins in the trial of Daniel Penny, who is charged in the death of Jordan Neely, on October 21, 2024, in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Police put up barricades before the arrival of Daniel Penny, who is charged in the death of Jordan Neely, walks into a New York courthouse as jury selection begins in the trial on October 21, 2024, in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images)
Jordan Neely’s death
Witnesses to the incident said Neely — who had struggled with drug addiction, mental illness and homelessness — had been shouting and demanding money when Penny approached him.
Penny pinned Neely to the ground with the help of two other passengers and placed him in a chokehold for more than three minutes until Neely’s body went limp. The medical examiner’s office ruled the death a homicide caused by compression of the neck.
Daniel Penny’s case arguments
NEW YORK, NEW YORK – OCTOBER 21: Daniel Penny (R), who is charged in the death of Jordan Neely, walks into the courthouse as jury selection begins in his trial on October 21, 2024 in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Daniel Penny, who is charged in the death of Jordan Neely, walks into the courthouse as jury selection begins in his trial on October 21, 2024 in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Daniel Penny, who is charged in the death of Jordan Neely, walks into the courthouse as jury selection begins in his trial on October 21, 2024 in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images) 
NEW YORK, NEW YORK – OCTOBER 21: Daniel Penny (R), who is charged in the death of Jordan Neely, walks into the courthouse as jury selection begins in his trial on October 21, 2024 in New York City. Penny, 26, a former Marine, is charged in the death of Jordan Neely on a New York City subway by choking him after an altercation involving panhandling on the train car. (Photo by Spencer Platt/Getty Images)
Penny’s lawyers have argued that the Long Island native didn’t intend to kill Neely, just to hold him down long enough for police to arrive. Penny has claimed Neely shouted, “I’m gonna’ kill you” and that he was “ready to die” or go to jail for life.
The defense said it plans to offer up other potential causes for Neely’s death, including high levels of the synthetic cannabinoid known as K2 found in his body.
They’ll also argue that the video shared widely on social media proves Penny was not applying pressure consistently enough to render Neely unconscious, much less kill him.
Prosecutors, in their court filings, have argued Penny’s actions were reckless and negligent even if he didn’t intend to kill Neely. Manhattan District Attorney Alvin Bragg’s office declined to comment ahead of the trial.
Neely’s surviving family members say they’ve been anticipating this moment and intend to attend the trial.
The Associated Press contributed to this report.
