Penny’s Defense Slams Alvin Bragg’s Prosecutor for ‘Improper’ Suggestion to Jury That Marine Won’t See Prison If They Convict Him of Neely’s Death

Daniel Penny, if convicted, could face up to 15 years in prison, but prosecutors suggested to jurors they can convict him and he may not face any incarceration.

Michael M. Santiago/Getty Images
Daniel Penny arrives for his trial at Manhattan Criminal Court on December 03, 2024 at New York City. Michael M. Santiago/Getty Images

The jury has begun deliberating whether the Marine veteran, Daniel Penny, is guilty of either recklessly or negligently causing the death of a Michael Jackson impersonator, Jordan Neely, after he put the street performer in a chokehold on the floor of a New York subway car last year.   

On Tuesday at about 1:15 p.m., after the prosecution had finished its closing argument, and the presiding judge, Maxwell Wiley, had instructed the jury, the seven women and five men, retreated from the courtroom where they had heard testimony by more than 40 witnesses, including bystanders, police officers, medical personnel, and experts in the course of the four week trial. 

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