Penny, a 25-year-old former Marine, is facing serious charges including second-degree manslaughter and negligent homicide tied to the tragic death of Jordan Neely, a 30-year-old Michael Jackson impersonator, in 2023.
The incident unfolded when Neely entered the subway at Second Avenue, reportedly expressing erratic behavior and making threats. Penny then approached him from behind and allegedly placed him in a chokehold, which ultimately led to Neely’s death, categorized as homicide due to neck compression.
Dr. John R. Black, a retired police lieutenant and expert in high-stress decision-making, clarified the mechanics behind a chokehold. He described it as a technique that temporarily shuts down blood flow to the brain, which can cause loss of consciousness if applied for too long.
Jamie Borden, another expert on police use of force, elaborated on a specific type of chokehold known as the lateral vascular neck restraint (LVNR). “This technique applies pressure to the carotid arteries without restricting the airway,” Borden explained, allowing police to manage unruly subjects safely.
‘Chokehold is What Caused the Death’
Black noted the distinction between various chokeholds, highlighting that some are designed to cut off the airway, which is more dangerous. Borden pointed out how public perception following fatal cases often leads to the misconception that any chokehold directly causes death.
Despite the training in using LVNR, Black stated that outcomes can vary significantly when it’s applied outside controlled environments like law enforcement or combative sports: “Military and competition settings involve individuals trained to handle such scenarios, unlike a subway altercation,” he said.
Borden also raised concerns about the risks when civilians intervene without the same level of training, making it hard to assess what they know about applying such tactics safely.
Questions remain about Penny’s thought process leading to his decision to use the chokehold in this scenario. Black mentioned that any decision-maker acts on logic at the moment, even if that logic appears flawed retrospectively.
‘Passionate Belief’
As the case unfolds, Black anticipates that prosecutors will argue about the disproportionality of Penny’s response compared to the perceived threat from Neely. Borden added that the prosecution is likely to present the incident framed by strong emotional convictions regarding right and wrong actions taken.
The defense will need to show that Penny genuinely felt threatened, reinforcing his right to use reasonable force in self-defense. “It’s crucial to understand his mindset and perceptions during the altercation,” Borden noted.
Both the prosecution and defense present compelling arguments based on the evidence available. The trial is set to commence on October 21, with Penny facing up to 15 years in prison for manslaughter and four years for negligent homicide. He remains free on a $100,000 bail.