A jury was selected Wednesday in the trial of former Marine Daniel Penny, who is charged with the death of Jordan Neely, a homeless man, following a subway chokehold incident in May 2023. The jury, composed of seven women and five men, includes several individuals who have personally experienced erratic behavior on New York City subways. Penny, 25, faces up to 15 years in prison if convicted.
The jury selection process, which took two weeks, included some contentious moments. Assistant District Attorney Dafna Yoran accused Penny’s defense attorneys, Steven Raiser and Thomas Kenniff, of disproportionately using their juror challenges to exclude people of color. In response, Kenniff argued that the strikes were not racially motivated, citing the inclusion of a Black male juror in the final jury. Judge Maxwell Wiley permitted the strikes, following explanations from the defense attorneys, and ultimately four people of color were included in the jury. The case has drawn significant public attention, and the selected jurors represent a diverse cross-section of New Yorkers, including a paralegal, a corporate lawyer, and a retiree.