Jordan Neely was killed by a chokehold during an altercation on a subway train in May 2023, and former Marine Daniel Penny is charged with second-degree murder and negligent homicide. The prosecution contends the chokehold was severe and needless, while Penny’s defense says he was defending himself. Legal experts claim that former President Trump cannot pardon state-level charges, despite the fact that several Republican fans have thrown their support for Penny.
Daniel Penny, a 26-year-old former Marine, is facing charges of second-degree manslaughter and negligent homicide in New York. He is charged of killing Jordan Neely, 30, by strangulation on a train in May 2023. Political leaders and legal professionals have taken notice of Penny’s case, which has sparked speculation over whether President Donald Trump may pardon him.
The Incident
Neely, a former Michael Jackson lookalike, allegedly started threatening people on a metro train the day of the incident. Penny came up behind him and put Neely in a chokehold. At the hospital, Neely, who had been unarmed, was subsequently declared dead. Because of the compression of the neck, the cause of death was determined to be murder. The prosecution’s main focus is Penny’s several-minute chokehold of Neely when he was aboard the train with two other passengers.
The Legal Case
Following the defense’s cross-examination of Dr. Cynthia Harris, the medical examiner who conducted Neely’s autopsy, the prosecution’s case came to an end on Monday. Thirty-three witnesses testified during the trial, including police, a Marine veteran who had taught Penny martial arts, and subway passengers. Many have questioned whether the killing was the result of excessive force or self-defense, and the trial was widely followed.
According to Penny’s legal team, he was defending himself and the other passengers against a possible danger. However, the prosecution argues that Neely died as a result of the needless chokehold. Supporters of Penny, including a number of well-known Republicans, have united in favor of him and demanded his release, strengthening his case.
Can Trump Pardon Penny?
The allegations against Penny make it difficult to determine if Trump could pardon him. The allegations against Penny are state-level violations, and Trump only has the authority to pardon federal offenses. Legal scholars claim that state offenses are not covered by the president’s pardon authority. Stephen Gillers, a professor of law at New York University, clarified that Trump can order the Justice Department to submit an amicus brief in state court, providing an expert view that might assist to shape the case’s conclusion. This would not, however, give Trump the power to formally pardon state charges.
Trump’s Potential Involvement
The former president himself had kept quiet on the issue until after his election victory, despite the attention from some of Trump’s supporters. However, Trump has stated openly that he intends to pardon supporters who participated in the Capitol riot on January 6, 2021. Though it’s uncertain if it would be lawful, legal experts have conjectured that he would think about pardoning Penny if he is found guilty.
