Marine veteran Daniel Penny arrives in court for last time before blockbuster subway chokehold trial begins

A Marine veteran accused of killing a homeless man by placing him in a chokehold on a New York City subway train arrived in court Thursday ahead of his blockbuster trial. 

Daniel Penny is facing charges of manslaughter and negligent homicide following the May 2023 death of Jordan Neely, a homeless Michael Jackson impersonator with mental health issues.

Neely was behaving erratically on the subway, screaming and threatening people, as passengers around him feared for their safety. 

Penny, then 24, intervened and got Neely to the floor, holding him in a six-minute chokehold. He claims he was simply trying to subdue him for the safety of others on the train.

On Thursday, ahead of his jury trial, Penny appeared at the Manhattan Supreme Court for a pre-trial hearing.

Both sides are expected to give evidence during today's hearing in an effort to determine what will be presented at trial next week.

The case shocked America and has divided the public. 

Some agree that Penny acted heroically in the moment, while others say it was a blatantly excessive show of force toward a mentally ill, homeless black man. 

The court was played body-camera footage from the day of the incident, in which Penny told officers Neely was ranting on the train about being 'ready to go to prison for life.'

'He's like... I'm ready to die... I think I might have just put him in a choke, put him down. We just went to the ground. He was trying to roll up. I had him pretty good. I was in the Marine Corps.'

Penny's legal team would like those comments to be suppressed at trial. 

The defense are expected to address Neely's prior history of committing crimes on public transport, along with his history of mental illness.

They say Penny was acting in self defense and trying to protect those around him in a selfless act.

But prosecutors repeatedly rebuffed those claims, arguing Penny demonstrated excessive force and should have known that his actions could be fatal, given his Marine experience.

They also argue Neely's prior history and mental health battles are irrelevant to the case. 

Neely had an extensive rap sheet for crimes on the subway, including vicious assaults of other passengers.

In 2021, he attacked an elderly woman as she left the Bowery station in the East Village. She suffered a broken nose, a fractured orbital bone, and 'bruising, swelling and substantial pain to the back of her head.'

He admitted felony assault on February 9 in exchange for a 15-month alternative-to-incarceration program, according to the Manhattan District Attorney's Office.

He was supposed to stay in a treatment facility and stay sober.

Between January 2020 and August 2021, he was arrested for public lewdness after pulling down his pants and exposing himself to a woman, misdemeanor assault for hitting a woman in the face, and criminal contempt for violating a restraining order.

All three cases were dismissed as part of a deal.

In June 2019, Neely assaulted 68-year-old Filemon Castillo Baltazar on the platform of the W. 4th St. Station in Greenwich Village, court records show.

One month earlier, Neely punched a man in the face, breaking his nose on the platform of Broadway-Lafayette – the same subway station where he died. 

Assistant district attorney Joshua Steinglass said the F train they were traveling on arrived at the Broadway-Lafayette station and the door opened less than 30 seconds after the chokehold started.

'Passengers who had felt fearful on account of being trapped on the train were now free to exit the train,' Steinglass said.

'The defendant continued holding Mr Neely around the neck.'

Steinglass said second degree manslaughter only requires prosecutors to prove Penny acted recklessly, not intentionally.