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Daniel Penny Did ‘What We Would Want Someone To Do For Us’ When He Intervened To Stop Ranting Jordan Neely On NYC Subway: Lawyer
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Daniel Penny Did ‘What We Would Want Someone To Do For Us’ When He Intervened To Stop Ranting Jordan Neely On NYC Subway: Lawyer

Daniel Penny “did for others what we would want someone to do for us” — defend panicked metro users of an “aggressive” Jordan Neely – when he put the struggling homeless man in a deadly chokehold, defense attorneys said Friday.

Penny’s lawyer, Thomas Kenniff – during the opening speech in the former Marine’s high-profile manslaughter trial in Manhattan – described his client as someone who felt compelled to intervene to ensure that the other runners are not harmed by the delusional Neely, which makes him not really a hero but definitely not a killer.

“This is a young man who did for others what we would want someone to do for us,” Kenniff told the jury of 12 Manhattan residents who will decide whether Penny, 26, caused “recklessly” Neely’s death last May.

Defense lawyers told court in their final testimony Friday that Daniel Penny “did for others what we would want someone to do for us” when he put homeless man Jordan Neely in trouble , in a fatal strangulation. J.

Prosecutors, in their own opening statements, argued that Penny was indeed “criminally reckless,” holding Neely, 30, on the ground for nearly six minutes — even though he knew his actions could be fatal — because ‘he He did not “recognize his humanity.”

“Mr. Penny was so reckless with Mr. Neely’s life because he did not recognize his humanity,” Assistant Manhattan District Attorney Dafna Yoran told jurors.

Kenniff, during his 20-minute remarks, said his client heard Neely say “I’m going to kill” on the crowded F train and “there was only one thing Daniel Penny could do” .

When a “seething and psychotic” Neely first boarded the northbound train on May 1, 2023, he demanded food and money from other passengers and talked about going to Rikers Island and to be sentenced to life in prison – before threatening to “kill” Kenniff. claimed.

All this as passengers’ “fear turned to pure panic” – including a mother who huddled behind a bench to protect her baby, the defense lawyer said.

Penny “found the courage” to act, and while “that doesn’t necessarily have to make him a hero…it doesn’t make him a killer,” Kenniff argued.

But Yoran, during his 40-minute introductions, criticized Penny for going “way too far” when he “took it upon himself to bring Mr. Neely down, to neutralize him.”

Penny’s attorney, Thomas Kenniff, said someone had to intervene in the situation to make sure the delusional Neely didn’t harm other riders. REUTERS

The prosecutor said Penny’s “indifference toward Mr. Neely, the man whose life he literally held in his hands, led him to ignore the most basic precautions and kill him needlessly, long after any threat had been made.” that he represented.

Yoran presented evidence the DA’s office will present against Penny at trial, including two videos filmed by bystanders — one of which showed Neely’s “life being snuffed out,” which the prosecutor called ” most critical piece of evidence at trial. »

The first witness called to testify — in the trial expected to last about four weeks — was NYPD Officer Teodoro Tejada, who went to the Broadway-Lafayette station, where the train was stopped , searched Neely for a weapon, but found only one weapon. muffin in his pocket.

Jurors saw images from Tejada’s body camerashowing doctors attempting to resuscitate a lifeless Neely using various tools including chest compressions, CPR, a defibrillator and even an injection of the drug Narcan to bring Neely back.

The video also showed a calm Penny standing calmly, chewing something like gum while the ETMs worked on Neely.

Neely’s father, Andre Zachery, cried as he sat in the courtroom gallery watching the video showing his son lying dead on the dirty floor of the train car.

Penny faces up to 15 years in prison if convicted.

He pleaded not guilty and stood by his actions were not motivated by racism.

Kenniff has previously argued that Neely’s toxicology reports confirmed that he had the drug K2 in his system when he died and was “experiencing a psychotic episode” when he boarded the train.

Neely, a former Michael Jackson impersonator had a long history of mental illness and was on a list of people on the street who desperately needed help. The Post previously reported. The city Department of Homeless Services’ “Top 50” list details people who cycle in and out of homeless shelters and mental health treatment centers.

As Penny entered the Lower Manhattan courthouse just before 10 a.m. Friday, it was encountered by a group of Black Lives Matter protesters plead for his conviction.

Prosecutors say Penny’s actions were “criminally reckless,” as he held Neely for nearly six minutes – even though he knew his actions could be fatal – because he failed to “recognize her humanity “.

The group – holding signs reading “Justice for Jordan Neely” and “Convict Daniel Penny” – chanted various phrases, including “subway strangler,” “being homeless is not a crime” and “say his name: Jordan Neely.”

The Neely family’s attorney, Donte Mills, said Penny was trained as a Marine in martial arts as well as first aid, but failed to use it to help Neely.

“He used his martial arts training to kill Jordan Neely and didn’t use his first aid training at all because he didn’t think Jordan was worth it,” Mills said outside the courthouse.

“He was worth getting hurt, but he wasn’t worth trying to save him.” This is why he will be found guilty after this trial.

— Additional reporting by Khristina Narizhnaya and Melanie Marich