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Published on December 03, 2024
Jury Deliberates as NYC Subway Death Trial Concludes, Ex-Marine Accused of Fatal ChokeholdSource: Google Street View

The tension inside a Manhattan courtroom reached a peak yesterday as the trial of former Marine Daniel Penny, accused of manslaughter and criminally negligent homicide in the death of a homeless man during a subway altercation, moved into its final phase. According to ABC7 New York, defense attorney Steven Raiser implored the jury to view Penny as a protector who "put his life on the line" during the incident, while prosecutors maintained that Penny used excessive and deadly force against the unarmed Jordan Neely.

Eyewitnesses have testified that Penny held Neely in a chokehold for approximately six minutes, continuing the restraint even after the train had come to a halt and passengers could have safely exited. The defense has argued that Neely was still a threat and attempted to break free, forcing Penny to act. However, as Gothamist reports, the prosecution has stressed that evidence showed Penny’s actions went beyond protective measures, directly resulting in Neely's death.

The trial has drawn widespread attention, stirring polarizing viewpoints on public safety and the handling of individuals with mental illness. Penny's actions, following Neely's outburst of needing food and threats of being ready to die or go to jail, have ignited debates about the appropriateness of civilians taking forceful action in potentially dangerous situations. Manhattan Assistant District Attorney Dafna Yoran, speaking to jurors, said, "You obviously cannot kill someone because they are crazy and ranting and looking menacing, no matter what it is that they are saying," as reported by ABC7 New York.

Raiser suggested other factors, including genetics and drugs, may have caused Neely's death and alleged that the Medical Examiner's Office rushed to blame Penny under public pressure. Yoran is expected to conclude her argument by reinforcing evidence that Penny's chokehold was the cause of death. Meanwhile, Penny, who faces up to 15 years in prison if convicted of the top charge, has not taken the stand to testify in his own defense. "He put his life on the line," Raiser said, according to Gothamist, "He did that for perfect strangers."

Jury instructions and deliberations are set to commence following the summation of arguments. The case has not only captured the eyes of New York City but also has resonated nationwide as it touches upon the broader societal issues of race relations, law enforcement’s role, and the responsibilities of those trained in combat techniques to act judiciously in civilian altercations.