Jordan Neely’s uncle is accusing Daniel Penny’s lawyers of “going in circles” as the prosecution rested its case on Monday.
Penny, a 26-year-old former Marine, is charged with second-degree manslaughter and negligent homicide. He is accused of fatally choking 30-year-old Jordan Neely on a New York City subway in 2023. Neely, a well-known Michael Jackson impersonator, boarded the subway and reportedly began threatening people. Penny allegedly approached him from behind and placed him in a chokehold.
Neely was later pronounced dead at a hospital. His death was ruled a homicide by compression of the neck.
“The defense is basically just going in circles,” Christopher Neely, the victim’s uncle, told reporters.
AP Photo/Yuki Iwamura and Photo by Spencer Platt/Getty Images
Christopher Neely said the defense is “just beating around the bush.”
“Since 10 a.m. this morning the questions haven’t changed in any manner and neither [have] answers from Miss Harris, the medical examiner,” Christopher Neely said.
Prosecutors rested their case on Monday after the defense finished its cross-examination of Dr. Cynthia Harris, the medical examiner who performed Jordan Neely’s autopsy. The state called a total of 33 witnesses, including subway riders who witnessed the deadly incident, law enforcement and a Marine veteran who instructed Penny in martial arts.
The defense pushed Harris on her finding that Jordan Neely died of compression of neck and questioned her on other possible causes of death, including K2 found in his system, a heart condition and a sickle cell trait.
The defense began presenting its case on Monday after the state rested. The first witness they called was Penny’s sister, Jacqueline Penny.
She spoke about her family and upbringing in Long Island. She remembered her reaction to hearing that her brother joined the military.
“He was always a very calm, soft spirited person but he was always patriotic and men in our family served, so it wasn’t completely surprising,” Jacqueline Penny said.
The defense also called Alexandra Fay, a childhood friend of Penny, to the stand. Witness testimony is expected to continue on Tuesday. It is unclear whether Penny will take the stand in his trial.
Christopher Neely said he remains confident that justice will be served.
“I feel real confident in the defeat of this case. I think that positive energy overrides negative energy,” Christopher Neely said.
Penny faces up to 19 years in prison if convicted.
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