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Trials


DANIEL PENNY TRIAL: MEET THE JURORS WHO WILL DECIDE MARINE VETERAN'S FATE IN
SUBWAY CHOKEHOLD CASE


MEET THE 12 JURORS WHO WILL DECIDE DANIEL PENNY'S FATE IN THE MANSLAUGHTER TRIAL
FOR DEATH OF JORDAN NEELY

By Michael Ruiz , Grace Taggart Fox News
Published November 4, 2024 4:00am EST | Updated November 4, 2024 10:53am EST
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NYC COURT RELEASES DANIEL PENNY, JORDAN NEELY BODYCAM

Police video released at trial shows officers arriving to the subway car where
Daniel Penny and Jordan Neely had a deadly encounter that led Manhattan DA Alvin
Bragg to pursue manslaughter charges against the Marine veteran.

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After eight days of jury selection, Marine veteran Daniel Penny's manslaughter
trial kicked off Friday for the death of Jordan Neely, an erratic homeless man
he placed in a chokehold during an outburst on the subway.




NYPD bodycam showing the police response to a deadly encounter has also been
released, with the trial underway. Prosecutors previously played the video in
court, but a judge ruled it would not be made public until after it entered the
public record at Penny's manslaughter trial, which began Friday.

Several responding officers testified on day 1, and the proceedings resumed
Monday morning with witness #5 for the prosecution, Cecil Postell, on the stand.
The bodycam played during testimony from NYPD Officer Teodoro Tejada, the first
witness to testify and one of the first police on scene.



Twelve jurors and four alternates were selected from a pool of more than 100
Manhattan residents to weigh Penny's fate. During part of an eight-day selection
process, jurors were asked about their favorite news organizations, whether they
personally knew crime victims, drug addicts or mentally ill people, and how much
disorder they've seen on the city's subway system.



PROTESTERS ACCUSE MARINE VET OF WHITE SUPREMACY AS JURY SELECTION BEGINS IN
SUBWAY VIGILANTE CASE

Daniel Penny arrives for opening arguments in his trial at Manhattan Criminal
Court in New York City on November 1, 2024. Penny, a Marine veteran, is charged
with second-degree manslaughter and criminally negligent homicide in the 2023
death of Jordan Neely on a New York City subway train. (Adam Gray for Fox News
Digital)



JUROR #1

A marketing and communications rep for a nonprofit art agency who said she has
seen outbursts on the subway before and previously served as an alternate juror
on an armed robbery case.



Originally from New Jersey, she said she feels apprehensive about being
physically threatened, has a master's degree in theater management and teaches
marketing on the side.


WATCH: NYC COURT RELEASES DANIEL PENNY, JORDAN NEELY BODYCAM

Video

JUROR #2



A male who lives in Washington Heights and works in health care. During the
selection process, he said he had never seen a disturbance from a subway rider.




He came to the U.S. from his native Philippines.

JUROR #3 

A computer programmer from the East Village who is originally from Atlanta. He
rides the subway occasionally, has never seen an outburst or been threatened and
likes video games.




VETERAN IN SUBWAY VIGILANTE CASE WASN'T TOLD HE KILLED MAN THREATENING
PASSENGERS DURING INTERROGATION

Screenshot from bystander video showing Jordan Neely being held in a chokehold
on the New York City subway.  (Luces de Nueva York/Juan Alberto Vazquez via
Storyful)

JUROR #4 

A female lawyer from Yorkville. She had family members in both the military and
police departments but said she will be able to follow the judge's instructions
and be a fair juror.



She has witnessed subway outbursts and has felt personally targeted.




JUROR #5  

A retiree from the Upper East Side who said during the selection process that he
rides the subway once or twice a week and has witnessed outbursts and has felt
personally targeted but has not called police.



He's previously sat on two grand juries.

Protestors, including Christopher Neely, uncle of Jordan Neely, gather calling
for justice for Jordan Neely outside of the trial of Daniel Penny at Manhattan
Supreme Court in New York City on Friday, November 1, 2024. Today is the first
day of opening statements in Penny’s trial, where he is charged with
second-degree manslaughter and criminally negligent homicide in the 2023 death
of Jordan Neely on a New York City subway train. (Adam Gray for Fox News
Digital)

JUROR #6 



A retired librarian from Morningside Heights, near Columbia University. She
served on a jury a decade ago, her daughter was once assaulted in Times Square,
and despite riding the subway daily she has never seen an outburst or been
targeted herself.



JUROR #7

A man from the Upper West Side who rides the subway regularly but said he had
never been harassed on the city's rail system. He has seen outbursts, however.

This undated photo, provided by Mills and Edwards, LLP, in New York, Friday, May
12, 2023, shows Jordan Neely, left, with Carolyn Neely, an aunt. Daniel Penny,
24, a U.S. Marine veteran who used a fatal chokehold on agitated New York City
subway passenger Jordan Neely, was freed from custody hours after surrendering
to face a manslaughter charge filed nearly two weeks after the encounter. 
(Courtesy Mills & Edwards, LLP via AP)



JUROR #8




An East Village woman who came to the U.S. from Ukraine 45 years ago. She is a
retired journalist who works in a gift shop and supports her unemployed son.

She said she does not ride the subway as much as she used to but has never had
any problems.

JUROR #9 



A woman originally from Nebraska who has lived on the Upper West Side for more
than 40 years with her husband, a former advertiser who survived a street
mugging.



She's served on two prior juries and said "Yes, of course" she has witnessed
subway outbursts, although none had targeted her personally.

A sketch depicts Daniel Penny appearing in Manhattan Supreme Court on Monday,
October 21, 2024 in New York City. Daniel Penny is on trial for the choking
death of Jordan Neely. (Jane Rosenberg)

JUROR #10 




A West Village woman who endured harassment on a near-empty subway car and said
during the selection process that force could be justified under certain
circumstances.

Despite her harrowing subway encounter, she said she didn't call police. She and
her friend switched cars instead to get away from an erratic man who was
swearing at them and calling them names.



JUROR #11 



A midtown lawyer who survived a robbery four years ago. A regular subway rider,
he said he has witnessed outbursts but has never been personally attacked.

JUROR #12 

A paralegal who doesn't work on criminal cases.




She said she is a regular straphanger who has seen outbursts but never been
personally harassed.



The twelve jurors and four alternates took their seats Friday for opening
statements.

CLICK HERE TO GET THE FOX NEWS APP



Penny is a 25-year-old Marine Corps veteran and college student majoring in
architecture.



Neely was a 30-year-old homeless man and former Michael Jackson impersonator
with a history of mental illness and criminality, including a prior charge for
assaulting a 67-year-old New York City woman in 2021.

Penny faces up to 19 years in prison if convicted.


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