NEW YORK (AP) — Closing arguments are set for Monday in the trial of a military veteran charged with recklessly choking to death a mentally ill, homeless man after an outburst on a New York subway.
Daniel Penny has pleaded not guilty to manslaughter and criminally negligent homicide in the May 2023 death of Jordan Neely. Penny claims he acted in self-defense against threatening behavior.
His reaction to Neely touched raw nerves and fueled debate about race relations, public safety, urban life and different approaches to crime, homelessness and mental illness.
Some in New York and around the country see Penny, a 26-year-old Marine veteran turned architecture student, as a valiant protector of fellow subway riders who feared the erratic Neely was on the verge of violence. Others view Penny as a white vigilante who summarily killed a Black man who was in need of help.
Neely, 30, once was among the city's corps of subway and street performers and was known for his Michael Jackson impersonations. He struggled with drug abuse and a mental illness and had a criminal record that included assault convictions.
During the monthlong trial, the anonymous jury heard testimony from subway passengers who witnessed the roughly six-minute chokehold, as well as police who responded to it, pathologists, a psychiatric expert, a Marine Corps instructor who taught Penny chokehold techniques and Penny's relatives, friends and fellow Marines. Penny chose not to testify.
Jurors watched videos recorded by bystanders and by police body cameras and saw how Penny explained his actions to officers on the scene and later in a stationhouse interview room.
“I just wanted to keep him from getting to people,” he told detectives, demonstrating the chokehold and describing Neely as “a crackhead” who was “acting like a lunatic.”
“I'm not trying to kill the guy,” he insisted.
Multiple witnesses said Neely shouted about needing food and something to drink, whipped his jacket to the floor and said he didn't care if he died or went to jail. They differed in descriptions of his movements and whether they were threatening. Several said they were alarmed by him and some were thankful when Penny subdued him.
City medical examiners ruled the chokehold killed Neely. A pathologist hired by Penny’s defense contradicted that finding.
Prosecutors say Penny intended to protect people but used too much force, indifferent to the human life he was holding in his arms. Prosecutors have noted the veteran continued to grip Neely's neck after the train stopped and anyone who wanted to get out could do so, after bystanders urged Penny to let go, and even after Neely had been still for nearly a minute.
The defense contends Penny held on because Neely tried to break loose at points and that the pressure on the man's neck wasn't consistent enough to kill him. Penny's lawyers are likely to emphasize their pathologist's testimony that the man was killed by a variety of factors but not the chokehold.
Daniel Penny arrives at the court after break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)
Daniel Penny leaves the courtroom for a lunch break in New York, Monday, Nov. 18, 2024. (AP Photo/Yuki Iwamura)
ORCHARD PARK, N.Y. (AP) — Josh Allen scored a receiving touchdown on a pass he threw in his latest do-everything performance, and the Buffalo Bills clinched their fifth straight AFC East title with a 35-10 victory over the San Francisco 49ers on a snowy Sunday night.
Allen had touchdowns passing, rushing and receiving, becoming the first quarterback and seventh player in the Super Bowl era to do that and the first since the Niners’ Christian McCaffrey in 2022.
His receiving TD came on a play in which he threw a short pass to Amari Cooper, who was wrapped up and pitched the ball back to Allen. The QB sprinted to the left corner of the end zone and dived past for the pylon for the score. Allen was credited with a touchdown passing and receiving, although it did not count as a reception.
“He pitched it, and I had to go make the play. It was dope," Allen said, before putting the division-clinching win into perspective. “The only thing this does is guarantee us a spot in the playoffs. Still a lot to learn and grow from.”
Allen's final numbers: 13 of 17 passing for 148 yards and two touchdowns, three rushes for 18 yards and a score, and zero catches for 7 yards and a TD. He was serenaded by fans with chants of “MVP!” and sat out most of the fourth quarter.
Snow flew like confetti in celebration from the packed stands as the Bills (10-2) scored on four of five possessions spanning halftime to build a 28-3 lead, starting with Ray Davis’ 5-yard run. James Cook scored on a career-long 65-yard run and finished with 107 yards rushing.
Buffalo has won seven straight since back-to-back losses to Baltimore and Houston, and is 10-2 or better for the fifth time in team history and first since 1991. The Bills became the NFL’s eighth team, and first since Indianapolis in 2009, to clinch a division title with five games remaining.
Two days after announcing his engagement to Hollywood star Hailee Steinfeld, Allen upped his career total to 247 TDs (186 passing, 59 rushing and two receiving) to break Hall of Famer Jim Kelly's franchise record of 244. His other scoring plays were a 7-yard pass to Mack Hollins and an 8-yard run.
The defending NFC champion 49ers (5-7) unraveled as they dropped their third straight and lost McCaffrey to what coach Kyle Shanahan said was a potential season-ending injury to the posterior cruciate ligament in his knee.
Shanahan believes McCaffrey was hurt on an 18-yard run up the middle. The All-Pro running back stayed in the game and on the next play appeared to step awkwardly with his left foot on the snow-slicked field and went down immediately. After being examined on the sideline, he limped to the locker room and was ruled out at the start of the second half.
McCaffrey had 53 yards on seven carries when he exited the game, his fourth after missing the first eight of the season with Achilles tendinitis.
“Real disappointed. We have a lot more pride than this,” Shanahan said. “Definitely know we have some people out and stuff, but we can play a lot better than this.”
Very little went right for the 49ers, who were missing five starters due to injury and are in jeopardy of missing the playoffs a season after losing the Super Bowl to Kansas City.
With snow falling all night and getting heavier as the game progressed, San Francisco's Jake Moody missed field goal attempts from 45 and 55 yards. The 49ers turned the ball over three times, losing three fumbles, including fullback Kyle Juszczyk getting the ball punched out of his arms at the Buffalo 2 to end San Francisco’s first drive of the second half.
Moody opened the scoring with a 33-yard field goal and Isaac Guerendo scored on a 15-yard run.
Buffalo extended its run of scoring 30 or more points to six straight games, while the Niners dropped to 0-5 when scoring 20 or fewer.
Brock Purdy, coming back after missing one game with a sore throwing shoulder, finished 11 of 18 for 94 yards.
The game-time temperature was 27 degrees Fahrenheit (minus-3 Celsius), with breezy conditions making it feel colder. A lake-effect storm dumped an estimated 2 feet (61 centimeters) of snow on the region over the past two days, but the band of heavy snow coming off nearby Lake Erie shifted south of the stadium by noon, allowing more than enough time for workers to clear the roads and prepare the venue.
The NFL was so eager to finish the game that officials announced there would be no commercial break during the two-minute warning in the fourth quarter.
The weather didn’t stop Hollins from making his customary barefoot arrival.
The 49ers played without five starters. Top pass rusher Nick Bosa (hip, oblique) and starting LT Trent Williams (ankle) were ruled out on Friday. Also ruled out were LG Aaron Banks (concussion), DT Jordan Elliott (concussion) and CB Deommodore Lenoir (knee).
49ers: Host Chicago next Sunday.
Bills: At the Los Angeles Rams next Sunday.
AP NFL: https://apnews.com/hub/nfl
Snow falls at Highmark Stadium during the second half of an NFL football game between the Buffalo Bills and the San Francisco 49ers in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
San Francisco 49ers quarterback Brock Purdy (13) looks to pass against the Buffalo Bills during the first half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
Buffalo Bills wide receiver Mack Hollins, middle left, scores a touchdown past San Francisco 49ers cornerback Charvarius Ward (7) during the first half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
Buffalo Bills wide receiver Curtis Samuel, right, is tackled by San Francisco 49ers safety Ji'Ayir Brown during the second half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
San Francisco 49ers running back Jordan Mason (24) runs against Buffalo Bills safety Damar Hamlin (3) during the second half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
San Francisco 49ers running back Isaac Guerendo, right, runs for a touchdown past Buffalo Bills safety Damar Hamlin (3) during the second half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Gene J. Puskar)
San Francisco 49ers quarterback Brock Purdy (13) passes against the Buffalo Bills during the second half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
Buffalo Bills quarterback Josh Allen, middle, scores past San Francisco 49ers linebacker Fred Warner during the second half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Gene J. Puskar)
Buffalo Bills quarterback Josh Allen (17) dives for the end zone to score against the San Francisco 49ers during the second half of an NFL football game in Orchard Park, N.Y., Sunday, Dec. 1, 2024. (AP Photo/Adrian Kraus)
