The “Subway Chokehold” Case Goes to Trial in 30 Days

This Tragic Case Tells Us Much About Who We Are

Author’s Note: This article was posted May 26, 2023, following Daniel Penny’s arrest for the death of Jordan Neely on a New York City subway car. Prosecutors alleged that:

Penny, a former Marine, put Neely in a fatal chokehold "that lasted approximately six minutes and continued well past the point at which Mr. Neely had stopped purposeful movement."

As a trial lawyer, I practiced criminal law for two decades, both as a prosecutor and defense attorney, including several murder cases. The People of the State of New York v. Daniel Penny is compelling and instructive for several reasons.

First, a human life was taken; that life was an African-American homeless man.

Second, the individual who took the life is a young white man and former Marine.

Third, this case has become politicized by GOP elected officials such as Florida Governor Ron DeSantis, Florida Congressman Matt Gaetz, and former Trump attorney Jenna Ellis.

On June 15, 2023, a Manhattan Grand Jury indicted Mr. Penny, charging him wi…