Supporters From Al Sharpton’s Activist Group Show Up Demanding ‘Justice’ at Trial of Marine Charged in Subway Chokehold Death of Michael Jackson Impersonator
Jury selection will resume on Thursday and is expected to last two weeks.
Supporters of Jordan Neely, the Michael Jackson impersonator who died after being put in a chokehold by a Marine veteran, Daniel Penny, on a New York City subway last year, attended the ongoing jury selection process for the trial on Wednesday.
A group of around ten members of the National Action Network, the civil rights organizations founded by Reverend Al Sharpton in 1991, joined their coordinator, Reverend Ronald McHenry, at Manhattan criminal court on Wednesday in solidarity with the victim.
“We are deeply outraged by the tragic killing of Jordan Neely, and we stand in unwavering solidarity with his family as they seek justice,” Reverend McHenry said in a statement on Wednesday.
Mr. Penny, 26, a former infantry squad leader from West Islip, Long Island, faces charges of second-degree manslaughter and criminally negligent homicide, which combined carry a maximum of 19 years in prison. He has pleaded not guilty.
Mr. Penny has repeatedly stated that he did not intend to kill Neely, when he put him in a chokehold in a subway car in May last year, but that he was trying to protect himself and other passengers from Neely, who he was acting erratically, and as some witnesses have described, in an “insanely threatening way.”
Prosecutors and defense attorneys have spent months analyzing bystander videos of the May 1, 2023, incident, in which Mr. Penny, who was honorably discharged from the Marines in 2021, wrapped his arms around Neely’s neck, pinning him on the floor of the train, while two other passengers helped to hold Neely down.
One video, filmed by a Spanish freelance journalist, Juan Alberto Vazquez, on his cellphone, went viral and sparked city-wide protests over the racially charged case. Social rights activists demanded justice for Neely, who was black, and that Mr. Penny, who is white and who had initially been released by the police, be arrested and brought to trial.
The Manhattan district attorney, Alvin Bragg, took ten days before he charged Mr. Penny, reasoning that he needed the time to review video footage and speak to witnesses.
Supporters for Mr. Penny demonstrated in his favor at Collect Pond Park outside the courthouse, and started a fundraiser to help him cover his legal fees, which has raised over $3 million dollars.
The defense argues that Mr. Penny did not intend to harm Neely, who had a long history of mental illness, homelessness and a criminal record of 42 arrests, and that several witnesses feared for their safety on the subway on that tragic afternoon.
The supporters from the National Action Network, who came to court on Wednesday, disagree. “As we stand here today,” Reverend McHenry’s statement said, “we cry out for justice—justice for Jordan Neely and for every individual whose life is disregarded and discarded.”
Revered McHenry added that “This tragedy isn’t just about Jordan; it’s about every homeless person struggling to survive in a city that too often turns its back on them. It’s about every person with mental illness who is cast aside rather than helped. This city, this system, is choking the vulnerable, and today we say it has to stop. The choking must end.”
“Vigilantism and justice cannot coexist.,” the supporters said in their statement. “We cannot allow a society where vigilantes roam free, claiming to act in the name of safety while erasing the lives of those already suffering… We will not stand for a system where the powerful take life into their own hands, leaving the marginalized voiceless and unprotected. We demand justice, accountability, and compassion, not just for Jordan Neely but for all those who face the same struggles. We will continue to fight until real change is realized.”
Meanwhile, the presiding judge, Maxwell Wiley, continued to screen Manhattan residents in his effort to find twelve impartial jurors. By the end of Wednesday, he had more than 100 people who will return on Friday for the voir dire, a process during which prospective jurors are asked questions to determine if they can judge the case fairly and impartially.
Jury selection will resume on Thursday and is expected to last two weeks.