Daniel Penny’s defense team concluded their case on Friday, focusing on Jordan Neely’s outstanding warrant without calling the Marine veteran to testify in his high-profile manslaughter trial. The defense's final witness, court clerk Brian Kempf, informed Manhattan Supreme Court jurors about the arrest warrant issued for Neely after he failed to appear in court in February 2023, just two months before his fatal encounter on an uptown F train.
Penny’s decision to not take the stand means jurors will not hear his personal account of why he maintained a six-minute chokehold on Neely, who witnesses described as delivering an “unhinged” rant towards passengers. “This jury has already heard from Mr. Penny. They heard from him before he had the chance to consult with an attorney. They heard his version of events in the immediate aftermath of the incident… He recounted what happened, and his account was consistent with the credible eyewitnesses,” explained Penny’s attorney, Thomas Kenniff, to reporters after the court session on Friday.
“He believed, like many witnesses, that Neely posed a serious threat… He thought someone was going to be hurt, possibly even killed, and he took action. I’m not sure how much more the jury needs to hear on that point,” Kenniff added. Closing statements are anticipated on December 2.
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