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 with a chokehold after he posed a threat to fellow passengers 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 and left passengers in his vicinity fearing for their safety. 

Penny intervened, and claims he was simply trying to subdue him for the safety of others on the train.

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

A Marine veteran accused of killing a homeless man when placing him in a six-minute chokehold has arrived in court

Penny held Neely in a chokehold on the subway car floor while others assisted on May 1, 2023

Both sides are expected to give evidence during todays 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. 

Pennys legal team are expected to address Neelys 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 Neelys prior history and mental health battles are irrelevant to the case. 

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

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

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 Attorneys 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. 

Neely was a Michael Jackson impersonator who was known and recognized in Times Square (pictured in 2009)

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.