The defense rested its case on Friday Manslaughter Trial No Daniel PennyA Marine veteran Alleged death of Jordan NellyA homeless New York subway performer. In a landmark decision, Penny He chose not to testify in his own defense.
The defense’s final witness was Clerk of Court Brian Kampf, who testified about issuing an arrest warrant for Neely after he missed a February 2023 court appearance, as reported by the New York Post. This happened two months before Neely died on the F train in May.
Penny’s decision not to take the stand means the jury will not hear her personal account of the events leading up to Neely’s death.
The 24-year-old is on trial for second degree Murder and criminally negligent homicide. The incident took place on May 1, 2023, on the F train uptown in Manhattan, when Penny put Neely in a fatal chokehold during an altercation.
Penny choked him for six minutes before witnesses described Neely as delivering “unhinged” rants at passengers.
Although Penny chose to remain silent, her attorney, Thomas CaniffAddressed reporters after the court proceedings. “This jury has heard from Mr. Penny. They heard from him before he had a chance to attorney. They listened to him in the minutes and hours after the event… He told them what happened, and he said all the things, essentially all the things that credible eyewitnesses testified. That Jordan Neely was horrible,” Caniff said, as quoted by the New York Post.
Caniff emphasized the defense argument: “He believed, like many eyewitnesses, that [Neely] Was going to do good … He thought someone was going to get hurt, he thought someone was going to get killed, and he acted. I don’t know how much more the jury will have to hear in this regard.
The case has divided New Yorkers, sparking a debate over vigilante justice and subway safety. Prosecutors maintain that BlueAlthough he behaved erratically, he was nonviolent, while the defense argued that Penny’s actions were justified by Neely’s threatening behavior.